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1 - 10 of 13 (0.38 seconds)Section 15 in The Bombay University Act, 1974 [Entire Act]
The Maharashtra Prohibition Act
The Bombay University Act, 1974
The Code of Civil Procedure, 1908
Article 227 in Constitution of India [Constitution]
Section 108 in The Transfer Of Property Act, 1882 [Entire Act]
Section 5 in The Bombay University Act, 1974 [Entire Act]
N.M. Nayak vs Chhotalal Hari Ram And Ors. on 1 February, 1967
The amendment was introduced into the Act by the Maharashtra
Act No. 17 of 1968 with retrospective effect as from 12 May
1948. The amendment was brought into existence as a result
of the decision of the Bombay High Court in Nayak's case
(supra). The High Court held in that case that a person
seeking to claim protection by the provisions contained in
the notification issued under the proviso to section 15 (1 )
of the Act must establish that his transferor was a lessee
of the premises transferred or assigned. The decision was
to the effect that the only persons who were entitled to
transfer or assign the interest of the premises were to
satisfy the character of a lessee as defined in section 105
of the Transfer of Property Act. The assignee of a lessee
was held not to be a lessee as defined by the Transfer of
Property Act. In this context, the explanation to section
15(1) of the Act as well as sub-clause (aa) in clause (ii)
of section 5 of the Act were introduced to confer protection
on the successive transfer by original lessees in regard to
leases or class of leases notified under the proviso to
section 15(1) of the Act.