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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Court: mumbai Year: 1986 Page 1 of about 16 results (0.038 seconds)

Dec 19 1986 (HC)

Pannalal Nemasa JaIn Vs. State of Maharashtra and ors.

Court : Mumbai

Decided on : Dec-19-1986

Reported in : 1987(2)BomCR333; 1987MhLJ617

..... past tense. the said provision will, therefore, have the same interpretation which we have put upon section 9(5) of the act. although section 321(4) of the maharashtra municipalities act, 1965, reproduced above elaborate in its language which the draftsmen might have used by their experience about interpretation of the laying rules, ..... substance of the laying rule in section 9(5) and the aforesaid section 321(4) of the municipalities act and, therefore, section 9(5) would have the same meaning which section 321(4) of the maharashtra municipalities act, 1965 has by its clear and elaborate language. no assistance, therefore, can be drawn from the ..... to several laying rules in several enactments, we reproduce below the laying rule in section 321(4) of the maharashtra municipalities act, 1965 since the other laying rules relied upon on behalf of the petitioner are mostly analogous to the same:---'(4) every rule made under this ..... supra. the contention raised on behalf of the petitioner on the basis of the decisions of the supreme court in case of d.s. garewal v. state of punjab, : air1959sc512 and re : kerala education bill, 1957, a.i.r. 1958 s.c. 956 is, therefore, rejected. no other points were urged in ..... support of the above contention, reliance is placed on behalf of the petitioner upon the decision of the supreme court in d.s. garwal v. state of punjab, : air1959sc512 as well as upon the decision of the supreme court in the reference case re : kerala education bill, 1957, a.i.r. 1958 s .....

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Jul 17 1986 (HC)

Govind Narayan Loktlikar Vs. Savitribal Roghurira Lotlikar and ors.

Court : Mumbai

Decided on : Jul-17-1986

Reported in : 1986MhLJ844

..... not been made parties to the reference by the collector is unwarranted and is without jurisdiction being wholly inconsistent with the act, and therefore not covered by s. 53.' 8. the above observations in municipality, nalgonda v. hakeem mohiuddin & co., : air1964ap305 , undoubtedly support the view i have taken that if a person ..... single judge of the said hight court in babulal mehtar's case : air1985pat249 (above) and also in bagh singh's case (above) by the punjab and haryana high court. however, i am unable to accept lthe said view, for i am on the considered opinion, for the reasons stated in the ..... fully adhered to the submissions made by mr. reis. reliance was placed by both the counsel in this connection on the decisions of the high courts of punjab and harayana, patna allahabad, bombay, calcutta, andhra pradesh and also of the suprem court in 'niranjan singh v. amar singh' , 'state of bihar v ..... in babulal mehtar v. pakira mehtar : air1985pat249 and 'mt. sakalbaso kuer v. brijendra singh : air1967pat243 as well as on the decision of the punjab and haryana high court in bagh singh v. the special land acquisition collector jalandhar the learned counsel finally contended that the view taken by the learned district ..... be joined as jparties to the litigation pending in the lower court. their applications had been ;dismissed and the learned judge of the punjab and haryana high court considering that, in such a case, it can be safely concluded that the co-owner, who is wanting enhancement in .....

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Feb 17 1986 (HC)

Municipal Corporation of Gr. Bombay Vs. Santan Marshall Fernandes

Court : Mumbai

Decided on : Feb-17-1986

Reported in : 1986(2)BomCR474; (1986)88BOMLR683; 1986MhLJ633

..... 288. kamladevi & others v. kishanchand & others, : air1970mp168 . p.b. kader v. thatchamma & others, : air1970ker241 . budh v. union of india, : air1981mp151 . diwan hari chand & others v. municipal committee of delhi & others, a.i.r.1981 delhi 71. perumal and others v. g. ellusamy reddiar & anther, 1974 a.c.j. 182 .6. on the other hand shri d ..... necessary to make a detailed reference to the various decisions cited at the bar since we generally agree with the view taken by the full bench of the punjab & haryana high court in prakash chand's case. after making a detailed reference to the provisions of the two enactments, as well as other laws in the ..... which he readily agreed. we are very much thankful to him.5. shri raja bhonsale, learned counsel appearing for the petitioners-b.e.s.t. municipal corporation, contended before us that the only persons who are entitled to file claim petition under section 110-a of the motor vehicles ..... so also under the provisions of the motor vehicles act. in support of this contention he has placed strong reliance upon the decision of the supreme court in new indian insurance co. v. smt. shanti mehra, : [1976]2scr266 , as well as the latest decisions of the punjab and haryana high court in prakash chand and another v. pal singh ..... c.s. dharmadhikari, j.1. in this writ petition the petitioner municipal corporation of greater bombay-b.e.s.t. has challenged the order passed by the motor accidents claims tribunal overruling the preliminary objection raised to .....

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Jul 24 1986 (HC)

Sharadchandra Shripad MaraThe Vs. Gurushant Gangadhar Kamble and Other ...

Court : Mumbai

Decided on : Jul-24-1986

Reported in : 1987(1)BomCR120; 1987(11)ECC166; 1986(25)ELT915(Bom); 1986MhLJ738

..... section 482 cr.p.c. read with article 227 of the constitution.17. the complainant's counsel relied on a case reported in the matter of municipal corporation of delhi v. ram kishan rohatgi and others : 1983crilj159 , wherein their lordships have observed as follows :-'it is therefore, manifestly clear that ..... my attention to a leading case on the question of exercise of inherent powers of high court in the matter of r.p. kapur v. state of punjab : 1960crilj1239 . in para 6 of the said judgment gajendragadkar j. (as he then was) speaking of behalf of three judge's bench has observed ..... to-day work of the company as such directors and not due to any positive act on their behalf.18. in other case relied upon by the complainant also reported in : 1983crilj172 pertaining to the food adulteration act, municipal corporation of delhi v. purushottamdas they refused to quash the proceedings against the directors ..... meeting of mind during the various steps which are taken to carry our unlawful object. all the facts stated together show that the alleged overt-acts of accused no. 1 company and its directors and officers were done during the period 1981 to 1984. the present petitioner was not a ..... period 1981 to 1984 accused no. 1 company alongwith its directors and executive officers, accused nos. 2 to 30 conspired together and did several acts with the unlawful object of evasion of excise duty. the charge of conspiracy signifies an agreement between accused persons to achieve a common unlawful object .....

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Mar 06 1986 (HC)

Municipal Corporation of Greater Bombay and ors. Vs. N.A. Qureshi and ...

Court : Mumbai

Decided on : Mar-06-1986

Reported in : 1986(2)BomCR315

..... challenged in this writ petition. thus the controversy raised in this petition depends upon the interpretation and construction of section 105-b of the bombay municipal corporation act.3. the said section came up for consideration before a single judge of this court (jamdar, j.) in an appeal no. 467 of ..... the respondents orally prays for leave to supreme court. leave refused. however, shri singhavi the learned counsel appearing for the petitioners municipal corporation makes a statement that the municipal corporation shall not execute the order of eviction against the respondent for a period of one month from today. this is subject ..... sugar mills ltd. v. khal-ul-rehman : [1964]7scr800 , amba prasad v. mohammad ali shah and others : [1973]2scr166 , raj kumar diwandar singh v. state of punjab and others : [1981]1scr498 , m/s. jain ink mfg. co. v. life insurance corporation of india and others, as well as : air1950mad556 , dr. mohammad ebrahim v ..... the persons in unauthorised occupation of the corporation premises. therefore, if the construction suggested by shri vashi is accepted then the very purpose the act will be frustrated.6. the learned counsel has to placed reliance upon the decision of the supreme court in a.i.r1 980 s c ..... the arguments advanced by him before the learned single judge. in our view since no other view is possible of the said provision of the act since we generally agree with the view taken by the single judge in appeal no. 467 of 1984, it is really not necessary to .....

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Dec 01 1986 (HC)

K.S. Deshmukh Vs. State of Maharashtra

Court : Mumbai

Decided on : Dec-01-1986

Reported in : 1989(44)ELT29(Bom)

..... of the octroi department of the corporation entered the box, the accused could have cross-examined them regarding the manner in which trucks are permitted to enter solapur municipal corporation limit and the virtual impracticability of proving the negative event.14. next, it was urged by mrs. keluskar that the accused in his overture to fabricate ..... can no longer be re-agitated in this appeal in view of the principles of constructive re-judicial propounded by the supreme court in pritam singh v. state of punjab, : 1956crilj805 , the argument of the learned public prosecutor about the neelanagar godown does not avail her.16. the swati premises godown was in fact a bunglow and ..... the leaf, stalks and stems of the tobacco plant and various rates of duties are set forth in the second column of the schedule. section 4 of the act describes the manner in which the excisable goods are to be valued depending on the place of sale. sub-section (2) of section 4 takes care of the ..... under section 120b read with section 420 and 471 of the indian penal code; sections 5(1)(d) and 5(2) of the prevention of corruption act also read with section 9(1)(b), read with section 9(1)(d) and 9(1)(c) and 9(1)(d) of the central excises and salt ..... act, 1944. as adumbrated above, accused no. 2 and accused no. 3 were acquitted. accused no. 4 though convicted has not preferred any appeal and the appellant .....

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Nov 14 1986 (HC)

Parle (Exports) P. Ltd. and Others Vs. B.K. Solanki and Another

Court : Mumbai

Decided on : Nov-14-1986

Reported in : 1987(1)BomCR480; [1990]68CompCas291(Bom)

..... appellant that the expression 'by contract or otherwise' should be construed ejusdem generis and reference was made to the decision of hamilton j. in attorney-general v. seccombe [1911] 2 kb 688; 1 edc 589. on this aspect of the case, we think that the argument of the appellant is justified. in the context of the section, ..... lead to weakening of respect for the law. the present case, in which a manufacturer of aerated drinks is being prosecuted under section 27 of the foreign exchange regulation act, 1973 ('the act'), accentuates the necessity of exercise of extreme circumspection in prosecuting persons under regulatory offences.2. parle (exports) pvt. ltd. ('parle') of andheri, (west), bombay, were ..... , 8th court, esplanade, bombay, the accused have preferred the present criminal writ petition.7. as the preamble indicates, the act is to consolidate and amend the law regulating certain payments, dealings in foreign exchange and securities, transactions indirectly affecting foreign exchange and the import and export of currency and ..... are being prosecuted before the additional chief metropolitan magistrate, 8th court, esplanade, bombay, for having committed an offence under section 27(1) read with section 56 of the act. an application was made by the accused persons under section 245(2) of; the criminal procedure code for their discharge which application having been dismissed by the additional chief metropolitan magistrate .....

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Nov 14 1986 (HC)

Parle (Exports) Pvt. Ltd. and Others Vs. B.K. Solanki and Another

Court : Mumbai

Decided on : Nov-14-1986

Reported in : 1987(12)ECC265; 1987(30)ELT167(Bom)

..... it was argued for the appellant that the expression 'by contract or otherwise' should be construed ejusdem generis and reference was made to the decision of hamilton, j. in 1911 2 kh 688. on this aspect of the case we think that the argument of the appellant is justified. in the context of the section the word 'otherwise', ..... lead to weakening of respect for the law. the present case, in which a manufacturer of aerated drinks is being prosecuted under section 27 of the foreign exchange regulation act, 1973 ('the act') accentuates the necessity of exercise of extreme circumspection in prosecuting persons under regulatory offences.2. messrs. parle (exports) pvt. ltd. ('parle') of andheri, (west), bombay, ..... 8th court, esplanade, bombay, the accused have preferred the present criminal writ petition.7. as the preamble indicates, the act is to consolidate and amend the law regulating certain payments, dealings in foreign exchange and securities, transactions indirectly affecting foreign exchange and the import and export of currency and ..... are being prosecuted before the additional chief metropolitan magistrate, 8th court, esplanade, bombay, for having committed offence under section 27(1) read with section 56 of the act. an application was made by the accused persons under section 245(2) of the criminal procedure code for their discharge which application having been dismissed by the additional chief metropolitan magistrate, .....

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Mar 03 1986 (HC)

Lilabai (Smt.) Widow of Rasiklal Waghele and ors. Vs. Keshaorao Son of ...

Court : Mumbai

Decided on : Mar-03-1986

Reported in : 1986(3)BomCR134; 1986MhLJ207

..... licence fees or charges or rent thereof to which the provisions of the bombay rents, hotel and lodging house rents control act, 1947, the bombay government premises (eviction) act, 1955, the bombay provincial municipal corporation act, 1949 or the maharashtra housing and area development act, 1976, apply'. evidently in order that 'any other law for the time being in force ' may apply, it ..... licence fee or charges or rent thereof, to which the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay provincial municipal corporations act, 1949 or the maharashtra housing and area development act, 1976, or any other law for the time being in force, apply.26-a: appeal : (1) an appeal ..... in moti ram's case (supra) the supreme court held that the finality of the appellate decision under section 15(4) of the east punjab urban rent registration act no. 3 of 1949 before its amendment by act no. 29 of 1956 could not be invoked by the appellant before the appellate decision was actually recorded. it was further held that if no ..... taken away only by subsequent enactment, if it so provides expressly or by necessary intendment and not otherwise.13. under clause (a) of section 7 of the bombay general clauses act the repeal will not affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligations, liability, penalty, forfeiture or punishment and such investigation, legal .....

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Jan 29 1986 (HC)

Ganesh Rajan Servai, Vs. Bennett Coleman and Co. Ltd. and anr.

Court : Mumbai

Decided on : Jan-29-1986

Reported in : 1988(2)BomCR351

..... if it so finds will grant approval of the order of dismissal... ...'. 15. mr. damania then emphatically relied upon a decision of the supreme court in the case of the municipal corporation of greater bombay v. p.s. malvenkar and others, : (1978)iillj168sc and invited my attention specifically to para 8 of the said judgment which reads as under :'but even ..... relevant standing orders and in either case it is open to the employer to justify his action before the labour tribunal by adducing all relevant evidence before it. see the punjab national bank ltd. v. its workmen : (1959)iillj666sc , management of ritz theatre (p) ltd. v. its workmen, : (1962)iillj498bsc , workmen of motipur sugar factory (p) ltd. v. motipur sugar ..... to appreciate the rival contentions raised by the learned counsel on both sides, it may be worthwhile to state here the relevant provisions of section 33(2)(b) of the act as under :'33. conditions of services, etc. to remain unchanged under certain circumstances during pendency of proceedings.---(1) during the pendency of any conciliation proceedings before a conciliation officer ..... from the same date for the reasons separately recorded. however, since an industrial dispute was pending before the second respondent-industrial tribunal-applications under section 33(2)(b) of the act were filed by the company before the said tribunal for approval of their action of terminating the services of the petitioners. it was alleged against the petitioners in the statement .....

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