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Start Free TrialBombay High Court Letters Patents (Amendment) Act, 1948, (Maharashtra) Complete Act
Title: the Bombay High Court Letters Patents (Amendment) Act, 1948
State: Maharashtra
Year: 1948
Preamble - THE ACT FOR AVOIDING WAGERS (AMENDMENT) ACT, 1865 Section 1 - Contracts declared null and void. No suit allowed on such contracts Section 2 - Nor for commission or brokerage, etc., in respect of agreements by way of gaming or wagering Section 3 - Payments for which guardian and personal representative not to be allowed credit Section 4 - Repeal and savings Section 5 - Number and gender
List Judgments citing this sectionBombay High Court Letters Patents (Amendment) Act, 1948, (Maharashtra) Preamble
Title: the Bombay High Court Letters Patents (Amendment) Act, 1948
State: Maharashtra
Year: 1948
THE BOMBAY HIGH COURT LETTERS PATENTS (AMENDMENT) ACT, 1948 [Act No. 41 of 19481] [4th May 1948] PREAMBLE An Act to amend the Letters Patent establishing the Supreme Court of Judicature at Bombay, bearing date the eighth day of December, One thousand Eight hundred and Twenty-three and to amend the Letters Patent of the High Court of Judicature for the Presidency of Bombay, bearing date the twenty-eighth day of December, One thousand and Eight hundred and Sixty-five. WHEREAS it is expedient to amend the Letters Patent establishing the Supreme Court of Judicature at Bombay, bearing date the eighth day of December, One thousand Eight hundred and Twenty-three and to amend the Letters Patent of the High Court of Judicature for the Presidency of Bombay, bearing date the twenty-eighth day of December, One Thousand Eight hundred and Sixty-five, for the purposes hereinafter appearing; It is hereby enacted as follows :- _______________________ 1. For Statement of Objects and Reasons, see Bombay Government Gazette, 1948 Part V, p. 220.
View Complete Act List Judgments citing this sectionBombay High Court Letters Patents (Amendment) Act, 1948, (Maharashtra) Section 3
Title: Amendment of Letters Patent of 28th December, 1865
State: Maharashtra
Year: 1948
(1) In the Letters Patent of the High Court of Judicature for the Presidency of Bombay, bearing date the twenty-eighth day of December, One thousand Eight hundred and Sixty-five - (1) in clause 12, for the words "in which the debt, or damage, or value of property sued for does not exceed one hundred rupees" the words "or the Bombay City Civil Court" shall be substituted; (2) in clause 22 - (a) the words "within the local limits of its ordinary original civil jurisdiction, and also" shall be deleted; (b) for the words "such limits" the local limits of its ordinary original civil jurisdiction" shall be substituted. (2) For the avoidance of doubt, it is hereby declared that the amendments made by clause (2) of sub-section (1) shall not be deemed to affect any of the powers of the High Court under the provisions, for the time being in force, of the Code of Criminal Procedure, 1898.
View Complete Act List Judgments citing this sectionBombay High Court Letters Patents (Amendment) Act, 1948, (Maharashtra) Section 1
Title: Short Title and Commencement
State: Maharashtra
Year: 1948
(1) This Act may be called the Bombay High Court Letters Patents (Amendment) Act, 1948. (2) It shall come into force on such date as the Provincial Government may, by notification in the Official Gazette, appoint.
View Complete Act List Judgments citing this sectionBombay High Court Letters Patents (Amendment) Act, 1948, (Maharashtra) Section 2
Title: Amendment of Letters Patent of 8th December, 1823
State: Maharashtra
Year: 1948
In the Letters Patent establishing the Supreme Court of Judicature at Bombay, bearing date the eighth day of December, One thousand Eight hundred and Twenty-three - (1) in paragraph 21 - (a) after the words "Judicature at Bombay" where they occur for the first time, the words "and of the Bombay City Civil Court" shall be inserted; (b) after the words "Judicature at Bombay" where they occur for the second time, the words "or to the said Bombay City Civil Court, as the case may be," shall be inserted; (c) after the word "respectively" the words "or by the Bombay City Civil Court or by any Judge of the said Court" shall be inserted; (2) in paragraph 22 - (a) after the words "Judicature at Bombay" where they occur for the first time, the words "or the Bombay City Civil Court" shall be inserted; (b) after the words "Judicature at Bombay" where they occur for the second time, the words "or the said Bombay City Civil Court, as the case may be," shall be inserted; (c) for the word "Court" where it occurs at the end, the word "Courts" shall be substituted; (3) in paragraph 23 - (a) after the words "said Court" where they occur for the first time, the words "or of the sa
View Complete Act List Judgments citing this sectionPunjab General Sales Tax Act, 1948 [Repealed] Section 22
Title: Statement of Case to High Court
State: Central
Year: 1948
.....its judgement thereon containing the grounds on which such decision is founded and shall send to the Tribunal a copy of such judgement under the seal of the Court and the signature of the registrar, and the Tribunal shall dispose of the case accordlnely. 6. Where a reference is made to the High Court under this section, the cost (including the disposal of the fee) shall be in the discretion of the court. 7. The payment of the amount, if any, of the tax due in accordance with the order of the Tribunal in respect of which an application has been made under sub-section (1), shall not be stayed pending the disposal of such application or any reference made in consequence thereof, but if such amount is reduced as the result of such reference, the excess tax paid shall be refunded in accordance with the provision of section 12.
View Complete Act List Judgments citing this sectionBombay City Civil Court Act, 1948, (Maharashtra) Section 4A
Title: Power of High Court to Transfer Matrimonial Cases to City Court
State: Maharashtra
Year: 1948
1[4A. Power of High Court to transfer matrimonial cases to City Court. (1) Notwithstanding anything contained in any law for the time being in force, the High Court may at any stage transfer to the City Court any suit or proceeding which is cognizable by it as a Court having matrimonial jurisdiction and instituted in such court. (2) Any suit or proceeding so transferred shall be heard and disposed of by the City Court and the City Court shall have all the powers and jurisdiction in respect thereof as if it had been originally instituted in that Court. (3) In any such suit or proceeding institution fees shall be paid, credit being given to any court fee levied in the High Court and cost incurred in the High Court till the date of transfer shall be assessed by the City Court in such manner as the2[State] Government may, after consultation with the High Court, determine by rules.] _____________________ 1. This section was inserted, by Bom. 26 of 1950, s. 3. 2. The word "State" was substituted for the word "Provincial" by Bom. 9 of 1951, s. 3, Second Schedule.
View Complete Act List Judgments citing this sectionBombay City Civil Court Act, 1948, (Maharashtra) Section 18
Title: Transfer of Suits Pending in High Court
State: Maharashtra
Year: 1948
(1) All suits and proceedings cognizable by the City Court and pending in the High Court, in which issues have not been settled or evidence has not been recorded on or before the date of the coming into force of this Act, shall be transferred to the City Court and shall be heard and disposed of by the City Court and the City Court shall have all the powers and jurisdiction thereof as if they had been originally instituted in that Court. (2) In any suit or proceeding to transferred institution fee shall be paid, credit being given to any court fee levied in the High Court, and costs incurred in the High Court till the date of the transfer shall be assessed by the City Court in such manner as the1[State] Government may, after consultation with the High Court, determine by rules. _____________________ 1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
View Complete Act List Judgments citing this sectionBombay City Civil Court Act, 1948, (Maharashtra) Section 14
Title: Allowance for Fees Paid in City Court in Cases Removed to High Court
State: Maharashtra
Year: 1948
When any suit or proceeding is removed for trial to the High Court from the City Court under section 12. (a) it shall be heard and disposed of by the High Court in the exercise of its original civil jurisdiction and the said Court shall have all the powers and jurisdiction in respect thereof as if it had been originally instituted in such Court; (b) court fee on the scale for the time being in force in the High Court as a court of original civil jurisdiction shall be payable in that court in respect of the suit or proceeding therein : Provided that in the levy of any such fee which, according to the practice of the court, is credited to the1[State] Government, credit shall be given for the institution fee already paid in the City Court. _____________________ 1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
View Complete Act List Judgments citing this sectionBombay City Civil Court Act, 1948, (Maharashtra) Section 12
Title: High Court Jurisdiction Barred Except in Certain Cases
State: Maharashtra
Year: 1948
Notwithstanding anything contained in any law, the High Court shall not have jurisdiction to try suits and proceedings cognizable by the City Court : Provided that the High Court may, for any special reason, find at any stage remove for trial by itself any suit or proceeding from the City Court.
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