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The Bombay High Court Appellate Side Rules, 1960 Complete Act - Bare Act

State

Maharashtra Government

Year

Act Info:


THE BOMBAY HIGH COURT APPELLATE SIDE RULES, 1960

THE BOMBAY HIGH COURT APPELLATE SIDE RULES, 1960
(CHAPTER XXV)

Revision Application under sections (2) of

Bombay Court-fees Act, 1959


1. Form and accompaniments of application for revision of Taxing Officer's decision.

An application for revision of the decision of the Taxing Officer under section 5(2) of the Bombay Court-fees Act, 1959 shall be addressed to the Honorable the Chief Justice and shall be accompanied by a typed copy of the decision sought to be revised.


2. Disposal of application

Such application shall be placed before the Chief Justice or a Judge appointed by him under section 5(2) of the Bombay Court-fees Act, 1959, who may either rejected it summarily or dispose it of on merits after issuing notice to the Government Pleader and such other person as he may deem fit.


3. Costs to be in the discretion of Court

The Costs of an application under Rule 1 shall be in the discretion of the Court.


4. Special procedure in respect of revisions under the Court-fees Act

Notwithstanding anything contained in any other rules

(i) an application for revision of the decision of the Taxing Officer and shall be treated as an expedited matter;

(ii) it shall be placed before the Chief Justice or the Judge appointed by him under section 5(2) of the Bombay Court-fees Act, 1959 immediately after it is filed with a note as to office objections, if any, for orders under Rule 2 above;

(iii) the date to be entered in the notice to be issued to the Government Pleader or any other person under Rule 2 above as the earliest possible date of hearing shall not be longer than 14 days from the service of such notice;

(iv) the matter shall be placed before the Court for hearing immediately after the expiry of the date of hearing mentioned in the notice issued under Rule 2 above, even though the persons, if any, other than the Government Pleader are not served with the notice issued under Rule 2 above, and

(v) The Court may hear and finally dispose of the matter in the absence of the persons, if any, other than the Government Pleader to whom the notice was issued under Rule 2 above, or give further directions in regard to the service of the notice on such -persons or pass such other orders or give such other directions as it deems proper.

Maharashtra State Acts


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