Court : Mumbai
Decided on : Jan-22-1975
Reported in : AIR1976Bom28; (1975)77BOMLR352
..... include only such encumbrances that partake the nature of the types of encumbrances specified earlier. thus the question is whether the notification under section 4 and section 6 of the land acquisition act create such an encumbrance on the property which partakes the nature of any trust, obligation, mortgage, charge or lien? in other words, the encumbrance must be of such a nature ..... of a municipal school and play ground, he took the view again relying upon the two supreme court's judgment -- one in the case of smt. somawanti v. state of punjab reported in : 2scr774 and the other in the case of raja anand brahma shah v. state of uttar pradesh reported in : 1scr373 that unless the petitioner -- company was ..... the learned judge reserved his judgment with a view to give the petitioner time to negotiate a settlement. when the matter was placed on board for judgment on 11-8-1969 another application was made seeking permission to lead oral evidence of persons who would depose to the area required by municipal schools constructed during the relevant period between the two ..... repealed. in view of section 3 of the said act the national textile corporation made an application to us for being substituted in place of the original appellant in this appeal and the corporation also sought permission to amend the petition by incorporating certain additional grounds on which it wanted to challenge the purported acquisition. that application was granted and that is how .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-10-1975
Reported in : AIR1975Bom297; 1975MhLJ233
..... not ordinarily be court governed by the provisions of code of civil procedure when he proceeds to determine the compensation for the land to be acquired. however, the amendment which has been made to section 18 of the land acquisition act by maharashtra act no.38 of 1964 by incorporating therein sub-section (3) would in my view make a considerable difference, section 18(1) ..... court in khashba daji shinds v. m.v. hinge, ilr (1965) bom 831, in which also. it was held that the provisions of section 12(2) of the limitation act do not apply to the acquisition act. the decisions, however, are distinguishable on the terms ..... these decisions, therefore, are of no assistance in holding that the provisions of section 5 of the limitation act are not applicable to an application for reference under section 18 of the land acquisition act. another decision which was cited is town municipal council v. presiding officer, labour court : (1969)iillj651sc . the question there was whether the limitation provided by article 137 of the limitation ..... a case of an application under section 18 of the land acquisition act and the question was whether the provisions of sub-section (2) of section 12 of the limitation act were applicable to those proceedings. it was held there that the provisions of section 12(2) were not applicable to those proceedings. the punjab high court also referred to a decision of this .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-15-1975
Reported in : (1976)78BOMLR1
..... the proper construction of article 358 and that aspect emerges from the recent insertion of new articles (1a) in article 359 by the constitution (38th amendment) act, 1975. by introduction of new article (1a). in article 359 of the constitution the same effect, which is available qua article 19 under article ..... preparing, printing, publishing and selling text books-then moved this court under article 32 of the constitution praying for writs of mandamus directing the punjab government to withdraw the notifications of 1950 and 1952 on the ground that they contravened the fundamental rights of the petitioners guaranteed under the constitution. ..... city of nagpur, city of sholapur and city of kolhapur public meetings were held with or without necessary permission under the ordinary law of the land, that many a time the authorities gave permission to hold such meetings, that from the reports received of such meetings it was found that ..... with 'policy' considerations as to render the application of such a standard inappropriate.' (last sentence is based on the irish case in mceldowney v. forde  2 all. e.r. 1039,  a.c. 632 s.c.).the passages which i have quoted above from the learned text book writers ..... view expressed in barium chemicals' case has been approved of and reiterated by that court in rohtas industries ltd. v. s.d. agarwal : 3scr108 .60. the next two cases to which i would like to refer are cases which in terms deal which pieces of subordinate legislation. the first .....Tag this Judgment!