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In Re: Megal Markus Pereira

Court : Mumbai

Reported in : AIR2006Bom273; 2006(6)ALLMR298

..... we may at once note that the challenge to the amendment to the bombay city civil court act, 1948 by maharashtra act 15 of 1987 in jamshed n. ..... we accordingly, answer the issue by holding that the definition of 'district court' under section 2(b) of the act of 1987 insofar as the area where the city civil court exercises territorial jurisdiction is the city civil court as constituted under section 3 of the bombay city civil court act, 1948. ..... the limited issue, therefore, is whether the city civil court constituted under the provisions of the bombay city civil court act, 1948 or the high court in exercise of its ordinary original civil jurisdiction is the district court for the purpose of the act.4. ..... if it was construed that the city civil court irrespective of its pecuniary limits would have exclusive jurisdiction under the act, that would clearly run contrary to the provisions of the bombay city civil court act, 1948. ..... the learned judge further held that the bombay city civil court act, 1948 was never reserved for presidential assent and, consequently, it cannot have over-riding effect on clause 17 of the letters patent. ..... we shall firstly deal with the issue as to whether the act of 1987 contemplates any pecuniary jurisdiction and considering that the bombay city civil court presently exercises pecuniary jurisdiction upto a limit of rs. .....

Mohan MeakIn Limited Vs. Pravara Sahkari Sakhar Karkhana Limited

Court : Mumbai

Reported in : (1987)89BOMLR356; 1987MhLJ503

..... clauses 11 and 12 of the letters patent are relevant and these clauses as they stood prior to the coming into force of the bombay city civil court act, 1948 read as under :-'clause 11 : and we do hereby ordain that the said high court of judicature at (madras) (bombay) fort william in bengal shall have and exercise ordinary original civil jurisdiction within such local limits as may from time to time be declared and prescribed by any law made by competent legislative authority for india and ..... on fair construction of the bye-laws of the defendant society we are of the opinion that the provisions of maharashtra co-operative societies act and in particular section 164 of the act must apply and in the absence of service of statutory notice under section 164 of the act on the registrar, the present suit will have to be held not maintainable.15. mr. ..... paragraph 2 of the plaint, the plaintiff has stated as follows:'the defendant is a co-operative society having its registered office at pravaranagar, taluka shrirampur, district ahmednagar, maharashtra, and is carrying on business, inter alia, of manufacturing and sale of alcoholic drinks and beverages including whisky. ..... respondent is the defendant, (hereinafter referred to as 'the defendant') who is a co-operative society having its registered office at pravaranagar, taluka shrirampur, district ahmednagar, maharashtra and is carrying on business, inter alia of manufacturing and sale of alcoholic drinks and beverages including whisky.3. .....

NagIn Mansukhlal Dagli Vs. Haribhai Manibhai Patel

Court : Mumbai

Reported in : AIR1980Bom123

..... the bombay city civil court act, 1948, and the bombay high court letters patents act, 1948, were both brought into force simultaneously on august 16, 1948 by notifications dated august 14, 1948. ..... accordingly, on may 10, 1948 the bombay city civil court act, 1948 (bombay act xl of 1848), was passed. ..... sanghavi, however, overlook two very important statutory provisions, namely, the amendment to clause 12 of the letters patent of this high court and section 3 of the bombay city civil court act, 1948. ..... san-ghavi, learned counsel for the plaintiff, submitted that section 41 of the presidency small cause courts act as substituted by maharashtra amendment act xix of 1976 confers concurrent jurisdiction upon the presidency small cause court at bombay to try suits of the nature specified in the said section and does not take away the jurisdiction which this high court on its original side or the bombay city civil court possessed prior to the coming into force of the said amending act. ..... this issue is:'whether by reason of the provisions of section 41 of the presidency small cause courts act, 1882, as substituted by the presidency small causecourts (maharashtra amendment) act, 1975 (mah. ..... by the said presidency small cause courts (maharashtra amendment) act, 1975 (mah. ..... 1882, as substituted by the presidency small cause courts (maharashtra amendment) act, 1975 (mah. .....

Dr. G.V. Iyengar and Shri Mohanlal Sukhramdas Gogia Vs. Shri A.R. Samp ...

Court : Mumbai

Reported in : 2008(3)ALLMR352; 2008(4)BomCR673; 2008(3)MhLj621

..... in the year 1948, the bombay city civil court act, 1948 was enacted and the bombay city civil court came to be established. ..... the preamble of the bombay city civil court act reads as follows:.whereas it is expedient to establish an additional civil court for the greater bombay; it is hereby enacted as follows:....thus, the city civil court is an additional civil court for the greater bombay with a limited jurisdiction. ..... section 3 of the bombay city civil court act reads as follows:3. ..... the state government may by notification in the official gazette, establish for the greater bombay a court to be called the bombay city civil court. ..... time to time, after consultation with the high court, by a like notification extend the jurisdiction of the city court to any suits or proceedings which are cognizable by the high court as a court having testamentary or intestate jurisdiction or for the relief of insolvent debtors.from this, it is clear that the city civil court has been delegated a limited jurisdiction to receive, try and dispose of suits and other proceedings of civil nature arising within the greater bombay except the suits or the proceedings which are ..... however,both these cases are not applicable to the facts of the present case because they were against the builder who was obliged to fulfill his statutory responsibilities under the provisions of the maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) act, 1963.12. .....

Worli Adarsh Nagar Sagar Darshan Co-operative Housing Society Ltd. Thr ...

Court : Mumbai

..... this act, unless there is anything repugnant in the subject or context, - (4) "district" means the local limits of the jurisdiction of a principal civil court of original jurisdiction (hereinafter called a "district court "), and includes the local limits of the ordinary original civil jurisdiction of a high court: section 3(a) of the bombay city civil court act, 1948: 3 ..... can be looked at from another angle inasmuch as by virtue of section 3(a) of the bombay city civil court act 1948 the jurisdiction of the city civil court is ousted in so far as the testamentary matters are concerned, since the jurisdiction is of this court. ..... sections 57, 264, 300 and the definition of district judge in section 2(bb) of the indian succession act 1925, the definition of district in section 2(4) of the code of civil procedure, and section 3(a) of the bombay city civil court act, 1948 are reproduced herein under:- 57. ..... would draw my attention to the definition of district judge in section 2(bb), sections 57, 264, and 300 of the indian succession act, and the definition of district in subsection (4) of section 2 of the code of civil procedure, and the provisions of the bombay city civil court act, 1948 and especially section 3(a) thereof. ..... in civil revision application no.960 of 2012 is concerned, the maintainability of the suit was questioned on the touchstone of section 42 of the maharashtra slum areas (improvement, clearance and redevelopment) act, 1971 (for short referred to as the slum act). .....

Kishor K. Mehta Vs. Hdfc Bank

Court : Mumbai

Reported in : 2007(6)BomCR666

..... . in the state of maharashtra, the hierarchy of the courts has been established by the bombay civil courts act, 1869 and the bombay city civil court act, 1948 ..... he submitted that on plain reading of sub-section (2) of section 156 of the co-operative societies act, the registrar is a civil court only for the purpose of applicability of law of limitation and for enforcing the recovery certificate. ..... . delhi high court bar association) : [2002]2scr450 the apex court has held that the tribunal constituted under the debt recovery tribunal act is a tribunal and it is not a civil court governed by the said code ..... .(iii) the apex court relied upon definition of 'order' in sub-section (14) of section 2 of the said code and held that the use of the words 'decision' and 'civil court' in the objects and reasons of 1978 amending act unambiguously rule out an award by arbitrators ..... . thus, there is no specific provision under the multi-state societies act which makes an award executable under the said act as if it is a decree of civil court and therefore so far as execution is concerned the same will be governed by the arbitration act ..... he submitted that though by virtue of provisions of section 22 of the rdb act, the tribunal is not bound by the procedure laid down in the said code, the tribunal possesses all the trappings of a civil court as indicated by sections 23 and 25. .....

Kishor K. Mehta Vs. Hdfc Bank Ltd.

Court : Mumbai

Reported in : 2008(1)MhLj451

..... in the state of maharashtra, the hierarchy of the courts has been established by the bombay civil courts act, 1869 and the bombay city civil court act, 1948. ..... he submitted that on plain reading of sub-section (2) of section 156 of the co-operative societies act, the registrar is a civil court only for the purpose of applicability of law of limitation and for enforcing the recovery certificate. ..... delhi high court bar association : [2002]2scr450 the apex court has held that the tribunal constituted under the debt recovery tribunal act is a tribunal and it is not a civil court governed by the said code. ..... (iii) the apex court relied upon definition of 'order' in sub-section (14) of section 2 of the said code and held that the use of the words 'decision' and 'civil court' in the objects and reasons of 1978 amending act unambiguously rule out an award by arbitrators. ..... thus, there is no specific provision under the multi-state societies act which makes an award executable under the said act as if it is a decree of civil court and therefore so far as execution is concerned the same will be governed by the arbitration act. ..... he submitted that though by virtue of provisions of section 22 of the rdb act, the tribunal is not bound by the procedure laid down in the said code, the tribunal possesses all the trappings of a civil court as indicated by sections 23 and 25. .....

Jamshed N. Guzdar Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR2005SC862; 2005(3)BomCR139; JT2005(1)SC370; 2005(2)MhLj392; 2005(1)MPHT497; 2005MPLJ181(SC); (2005)2SCC591; 2005(2)LC812(SC)

..... 2346/50 which reads:-'in exercise of the powers conferred by section 4 of the bombay city civil court act, 1948 (act xl of 1948) the government of bombay is pleased to invest with effect from and on the date of this notification, the city civil court with jurisdiction to receive, try and dispose of suits and other proceedings of a civil nature not exceeding twenty-five thousand rupees in the value and arising within the greater bombay subject however to the exceptions specified in section 3 of the said act.'28. ..... these two appeals are filed by bombay city civil and sessions court bar association and state of maharashtra respectively aggrieved by the second part of the judgment dated 29.4.1992 passed in writ petition no ..... by the maharashtra act 46 of 1977, the jurisdiction of the city civil court was raised to rs ..... the constitutional validity of the bombay city civil court and bombay court of small causes (enhancement of pecuniary jurisdiction & amendment) act, 1986 (maharashtra act no. ..... maharashtra civil court (enhancement of pecuniary jurisdiction and amendment) act, 1977 (act no ..... the high court exercises judicial and administrative control over subordinate courts in the state of maharashtra and having regard to the interest of the litigants in the city of bombay and having regard to the fact that there is already an institution which is working for the last 125 years, it would not be appropriate to rush through the implementation of the impugned act without providing adequate .....

Vilas Vasantrao Mahajan Vs. the Central Bank of India

Court : Mumbai

Reported in : (1982)84BOMLR171; 1982MhLJ139

..... several provisions of the bombay city civil courts act, 1948 and the presidency small cause courts act, 1882, also have been amended under this very enactment, the enactment being aimed at providing for the enhancement of pecuniary jurisdiction of the civil courts in the whole of the state of maharashtra. ..... xlvi of 1977 introduces an amendment not only in the bombay civil courts act, 1869 but in certain other enactments also. ..... as observed earlier, this act does not deal with the amendments of the bombay civil courts act alone. ..... xlvi of 1977), hereinafter referred to as the amendment act, amending the bombay civil courts act, 1869 (no. ..... the maharashtra civil courts (enhancement of pecuniary jurisdictions and amendment) act, 1977 (no. ..... any effect in respect of and apply to any suits, appeals or other proceedings of a civil nature filed and pending before any court on the date of commencement of this act, and such proceedings shall be continued and disposed of by that court, as if this act had not been passed; and any appeal, revision application or other proceedings of a civil nature in respect of any decree or order passed by any court before the date of commencement of this act shall be filed before and heard and disposed of by the .....

Jamshed N. Guzdar Vs. State of Maharashtra

Court : Mumbai

Reported in : AIR1992Bom435; 1992(3)BomCR494; (1992)94BOMLR984

..... 4 of the bombay city civil court act, 1948 (act xl of 1948) the government of bombayis pleased to invest with effect from and on the date of this notification, the city civil court with jurisdiction to receive, try and dispose of suits and other proceedings of a civil nature not exceeding twenty-five thousand rupees in the value and arising within the greater bombay subject however to the exceptions specified in s. ..... the jurisdiction of the city civil court continued under the aforesaid provisions of the act till by s.19 of the maharashtra act no. ..... as far as compliance of the high court recommendations providing infrastructure for city civil court is concerned, the learned advocate general relying upon the affidavit in reply filed on behalf of the state of maharashtra urged that this issue raises several disputed questions of facts and this court in writ jurisdiction cannot go into these questions. ..... the petitioner, who is the chairman of airfreight limited and claims to be the director of 14 other public companies espousing the cause of litigants in greater bombay, by way of public interest litigation has filed this writ petition under article 226 of the constitution of india challenging the constitutional validity of the bombay city civil court and bombay court of small causes (enhancement of pecuniary jurisdic-tion and amendment) act, 1986 (maharashtra act no. .....