Court : Mumbai
Reported in : 1997(1)BomCR83; (1996)98BOMLR154
..... not applicable to applications and other proceedings filed in the small cause court under the substituted chapter and pending in that court on the date of coming into force of the maharashtra act xix of 1976 i.e. on 1st july, 1976. all such applications and other proceedings are to be continued and disposed of by the small cause ..... the small cause court under this chapter and pending in the high court or the bombay city civil court, on the date of coming into force of the presidency small cause courts (maharashtra amendment) act, 1975, shall be continued and disposed of by the high court or the city civil court, as the case may be, as if this ..... application was filed in the small cause court in the year 1974 and said application was pending in that court on the date of coming into force of the presidency small cause courts (maharashtra amendment) act 1975 (maharashtra act xix of 1976). the uncontroverted legal position is that prior to the amendment of the presidency small cause courts .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(4)BomCR380
..... not applicable to applications and other proceedings filed in the small cause court under the substituted chapter and pending in that court on the date of coming into force of the maharashtra act xix of 1976 i.e. on 1st july, 1976. all such applications and other proceedings are to be continued and disposed of by the small cause ..... the small cause court under this chapter and pending in the high court or the bombay city civil court, on the date of coming into force of the presidency small cause court (maharashtra amendment) act, 1975, shall be continued and disposed of by the high court or the city civil court, as the case may be, as if this ..... application was filed in the small cause court in the year 1974 and said application was pending in the court on the date of coming into force of the presidency small cause courts (maharashtra amendment) act, 1975 (maharashtra act, xix of 1976). the uncontroverted legal position is that prior to the amendment of the presidency small cause courts .....
Tag this Judgment!Court : Mumbai
Reported in : [1995]55ITD1(Mum)
..... assessment is misconceived, and resort to section 147(b) is without justification.11. to the argument that erroneous assessment made under section 172(4) will remain in force if authority is not conceded to ito under section 147, it may be mentioned in passing that rectification (under section 154) or revision by cit may be proper ..... therefore, the general provisions of section 147 are not applicable to a special type assessment for shipping business. in an assessment under the general provisions of the act, there could be only one assessment in respect of the whole of the previous year whereas there could be any number of assessments under section 172(4) ..... hence the re-assessment proceedings become invalid. he, accordingly set aside the re-assessment proceedings and restored the original order under section 172(4) of the income-tax act. in doing so, the learned commissioner (appeals) did not deal with other grounds raised before him. the revenue is aggrieved and has come up in appeal before .....
Tag this Judgment!Court : Mumbai
Reported in : [1995(70)FLR744]; (1996)ILLJ42Bom
..... the bombay relations act. without expressing any view on the merits of the case as to the unfair labour practice made out in the complaints of the petitioners, i am inclined to ..... . 4. though the learned judge of the industrial court did take a view that a case of unfair labour practice under item 5 of schedule iv of the act was made out, he appears to have dismissed the complaints on the ground that the petitioners being seasonal permanent employees were not employees under section 3(13) of ..... 1984, the other 12 employees were employed as non-seasonal permanent employees. the petitioners moved their complaints by invoking items 5, 6 and 9 of schedule iv of the act and alleged that giving the status of non-seasonal permanent employees to the other 12 junior employees situated on equal footing, for no good reason, was an unfair labour .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(2)BomCR61
..... shall continue to exercise the jurisdiction vested in it under the letters patent and all other laws, notwithstanding the provisions sections 7 and 8 of the family courts act, 1984. i hold that this court has the jurisdiction to entertain and try the suit and the preliminary issue is accordingly answered.9. mr. vashi, then ..... plaintiffs. mr. vashi, the learned counsel appearing for the defendant, has submitted that the suit being for recovery of maintenance, under the provisions of the family courts act, 1984, this court has no jurisdiction. mr. vashi has further submitted that the issue pertaining to the jurisdiction of this court has to be tried as a ..... reads as under :'7. jurisdiction:---(1) subject to the other provisions of this act, a family court shall :(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation; and .....
Tag this Judgment!Court : Mumbai
Reported in : II(1992)DMC623
..... provisions of law and the decisions,the jurisdiction of this court on its original side is not ousted of any of theprovisions contained in the family courts act, 1984 and this court shallcontinue to exercise the jurisdiction vested in it under the letters patent andall others laws, notwithstanding the provisions of sections 7 and ..... suit or proceeding in relation to the guardianship of the personor the custody of, or access to, any minor.(2) subject to the other provisions of this act, a family court shallalso have and exercise:(a) the jurisdiction exercisable by a magistrate of the first classunder chapter ix (relating to order for maintenance of wife, ..... reads as under :7. jurisdiction:-(1) subject to the other provisions of this act, afamily court shall:(a) have and exercise all the jurisdiction exercisable by any districtcourt or any subordinate civil court any law for the time beingin force in respect of suits and proceedings of the nature referredto in the explanation; and(b) be .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(1)BomCR69
..... required to be instituted or taken before or by such family court if, before the date on which such suit or proceeding was instituted or taken, this act had come into force and such family court had been established.shall stand transferred to such family court on the date on which it is established.'4. it will be noticed that ..... or the suits and proceedings of the nature as aforesaid must be 'exercisable by any district court or any subordinate civil court under any law for the time being in force'. if these two conditions are fulfilled then only the family court has jurisdiction and then it is the family court which shall, under clause (b) of sub-section ( ..... them here as follows :'section 7. (1) subject to the other provisions of this act, a family court shall-(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation; and .....
Tag this Judgment!Court : Mumbai
Reported in : (1991)93BOMLR979
..... any member of the owner's family.(c) a mortgagee in possession.8. sections 8 runs as follows :8(1) as soon as may be after this act comes into force the tahsildar shall cause a list of persons, other than occupancy tenants, and protected lessees, who are deemed to be tenants under sub-section (1) of section ..... 8 clothes the tahsildar with the power to decide the question notwithstanding anything contained in section 92 of the evidence act, or section 49 of the indian registration act, or any other law for the time being in force while enquiring into and determining the real nature of the transaction and to admit any oral evidence or a statement ..... as the person in cultivation and after the bombay tenancy and agricultural lands (vidarbha region ) act, 1958 ('vidharbha tenancy act' for short) came into force the names of bhaurao and deorao were entered in the list prepared under section 8 of the act as deemed tenants in place of pandurang. ghulba was survived by his two widows yamunabai and .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(1)BomCR486
..... exception whereunder 'a suit in which relief is claimed on the basis of title' could be filed.6. the bombay rent act (act lvii of 1947) which granted certain rights to tenants came into force on 19th august, 1948. the tenants were granted statutory right against eviction as long as they performed the conditions of tenancy. an ..... important amendment was introduced in p.s.c.c. act by the p.s.c.c. (amendment) act, 1963 (mah. act no. xli of 1963). despite the ..... licensor/licensee and the termination of the relationship. these are essential prerequisites for a valid exercise of jurisdiction under section 41 of the p.s.c.c. act.it may be asked : what makes these facts essential prerequisites for exercise of the jurisdiction they are essential because without the existence of an occupant whose tenancy .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1990Bom249; 1990(1)BomCR296; (1989)91BOMLR500; 1991(31)ECC62; 1990(45)ELT369(Bom)
..... reliance was placed on the endorsement on the reverse. that copy was forwarded to bpt ,suggesting that the customs house has no objection under section 48 of the customs act to the removal of the goods mentioned in the sale list. however, the most important feature is overlooked that there is positive reference even in this endorsement making ..... those goods include which are imported or are brought within the indian customs waters for the purpose of being imported, contrary to any prohibition imposed by or under this act or any other law for the time being in force. once these goods are liable to be confiscated under this provision then the legal formalities under the ..... act are to be followed. under section 124 of the act is it prescribed as a mandate that no order confiscating any goods or imposing any penalty on any person shall be made under .....
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