Judgment Search Results Home > Cases Phrase: bombay city civil court act 1948 maharashtra Page 5 of about 48,200 results (0.336 seconds)

Gangubai W/O Bhagwanrao Pawatekar and Others Vs. Kishanrao S/O Limbaji ...

Court : Mumbai Aurangabad

..... yet, in another exposition in the case of rahimatulla rahiman sarguru (supra), the supreme court held that, the powers of revision entrusted to the maharashtra revenue tribunal under section 76 of the bombay tenancy and agricultural lands act, 1948, are practically identical with the second appellate powers of the high court under section 100 of the civil procedure code before it was amended by act 104 of 1976. ..... 1326, wherein it was held that the powers of revision entrusted to the maharashtra revenue tribunal under section 76 of the bombay tenancy and agricultural lands act, 1948, are practically identical with the second appellate powers of the high court under section 100 of the civil procedure code before it was amended by act 104 of 1976. ..... therefore, decree passed by the civil court under the provisions of tenancy act is without jurisdiction and dispossession of kishanrao through civil court decree is without jurisdiction and delivery of such possession is ultravires to the provisions of the tenancy act, therefore, maharashtra revenue tribunal should have restored possession of the suit land to kishanrao by allowing revision no. .....

Saheblal Chandbhai Vs. Chandanmal Kundanmal

Court : Mumbai

Reported in : AIR1979Bom295

..... in the tenancy case the agricultural lands tribunal had started a suo motu inquiry under section 32g of the bombay tenancy and agricultural lands act, 1948. ..... apply- (a) to lands belonging to, or held on lease from, the government: xxxx xxxx xxxx provided that from the date on which the land is released from management, all the foregoing provisions of this act apply thereto; but subject to the modification that in the case of a tenancy, not being a permanent tenancy, which on that date subsists in the land- (a) the landlord shall be entitled to terminate the tenancy under section 31 (or ..... as indicated above, i have to give my decision only on the short point of law which had been concluded by the maharashtra revenue tribunal, and the agricultural lands tribunal, ahmednagar, will take proper decision in the suo motu inquiry considering various other provisions of the tenancy act which have not been considered by it and which would have a bearing on the rights of such a tenant vis-a-vis the landlord.10 ..... under the orders of the civil court in regular civil suit no. ..... the agricultural lands tribunal in the suo motu inquiry and subsequently the maharashtra revenue tribunal have taken the view that as the lessee was inducted on the lands while the lands were under the management of the state government, he would have no right of statutory purchase ..... this special civil application is preferred against the order of the maharashtra revenue tribunal dated 24th june 1974 in revision application .....

Ramdas P. Chitrigi Vs. Monica Pascol Miranda and anr.

Court : Mumbai

Reported in : AIR1974Bom245; (1974)76BOMLR394; 1974MhLJ539

..... by the second proviso to sub-section (1) of section 6 by a notification dated may 19, 1970 published in the maharashtra government gazette dated june 4, 1970 the state government directed that in the area of divanman village in the bassein taluka of thana district part ii of the act should with effect from the date of publication of the notification re-apply to premises let for the purpose of residence.6. ..... of section 2(1) of the act which provides that part i and part iv of the act shall extend to the bombay area of the state of maharashtra. ..... business, trade or storage was entitled to the protection or benefit of part ii thereof and the provisions contained therein, but when in exercise of the powers conferred by the proviso to section 6 (1) of the act the state government issued a notification dated august 30, 1948 the premises belonging to the petitioner, as they were situate at divanman village, ceased to have the benefit of the provisions of part ii. ..... terminating the tenancy was served upon the petitioner and at the time when the suit was instituted in the trial court and decreed by the trial court in view of the aforesaid provisions of the notification dated august 30, 1948 the provisions of part ii of the act were not applicable to premises situate in divanman village. ..... dismissal of the appeal that this special civil application under article 227 of the constitution has been filed before this court. 3. ..... accordingly, the special civil application is dismissed and the .....

Habib Ahmed Khudabax Vs. Abdul Kabur Rehmanji Godiwala and ors.

Court : Mumbai

Reported in : AIR1975Bom41; (1974)76BOMLR427; 1974MhLJ812

..... it is clear from the perusal of the judgment that the issue namely whether a suit for recovery of possession under section section 28(1) was a proceeding under chapter vii of the presidency small caused courts act within the meaning of rule 5(2) was not at all raised or considered and it is evident that it was assumed that even if the suit fell within rule 5(2) and not within rule 8, still an appeal was competent against ..... it was held by the full bench that in view of the exclusive jurisdiction conferred on the small cause court under section 28 of the rent act applications of provisions of chapter vii as they stood before the maharashtra amending act no.41 of 1963 came into force on june 1, 1964, was considered into force on june 1, 1964, was considered. ..... a civil revision application to this court, and contended that the appeal to the appellate bench was not competent as in entertaining the application for setting aside the ex parte decree and in so ordering the small cause court did not exercise jurisdiction under section 28 of the rent act as it came to an end as soon as the ex parte decree for eviction was passed and tenant's application for setting aside the exparte decree could be regarded as an application to the bombay small ..... hotel and lodging house rates control rules, 1948 (hereinafter referred to as the rent control rules). ..... the rent act of 1947 which repealed the bombay rent restriction act, 1939, came into force in greater bombay on 13th february 1948. .....

Vikram Yeshwanta and ors. Vs. Eknath Trimbak Gadekar and ors.

Court : Mumbai

Reported in : AIR1978Bom71; 1977MhLJ520

..... no dispute between the parties that the appellants were entitled to institute a suit for recovery of possession of the property in view of the certificate issued by the deputy collector under section 88-b of the bombay tenancy and agricultural lands act, 1948, and in that context the provisions of section 4-b of the bombay tenancy act fell for consideration before the supreme court. ..... be that date on which the right to obtain possession of the land will be deemed to have accrued to the landlord and, therefore, the view taken by the learned member of the maharashtra revenue tribunal that the application was not barred by limitation is perfectly legal and correct. ..... and it was contended that in view of the, deemed surrender it was open to the landlord to terminate the tenancy by issuing a proper notice and, thereafter to recover possession of the property through the civil court. ..... of the civil court to settle, decide or deal with the matters which the tahsildar is required to settle, decide or deal with under the act is barred by sections 124 and 125 of the act. ..... therefore, it was contended by him that once the tenancy comes to an end in view of the deemed surrender, the landlord need not take recourse to the provisions of section 36 (2) of the act but can file a civil suit for obtaining possession. ..... a special civil application was also filed before this court challenging the said order but it was also dismissed and ultimately yeshwanta was placed in possession of the field in question .....

Kondaji Pundulik Lanore Vs. Hari Baly Pote and ors.

Court : Mumbai

Reported in : AIR1973Bom293; (1973)75BOMLR69; ILR1973Bom742

..... collector and the revenue tribunal are challenged in the above special civil application filed under article 227 of the constitution of india, on the ground that the said authorities, grossly misconstrued the provisions of section 32, 37 and 39 of the bombay tenancy and agricultural lands act, 1948.7. ..... of the constitution of india raises a rather interesting question of interpretation of section 32 read with sections 37 and 39 of the bombay tenancy and agricultural lands act, 1948.2. ..... sali are plausible they must be rejected as without any merit having regard to the scheme of the provisions of the bombay tenancy and agricultural lands act relating to the tillers' day and the intention of the legislature to confer on that day the statutory ownership of ..... the petitioner was terminated as the landlord has filed an application under section 29 read with section 34 as it stood before its amendment by act 13 of 1956 and also under section 14 for personal cultivation and on the ground of defaults respectively. ..... deputy collector was challenged in revision application filed by the petitioner before the maharashtra revenue tribunal. ..... rights on the tenants and the mere fact that an order was passed under section 34 of section 31 would not efface the statutory tenancy which continued to be recognised by the bombay tenancy and agricultural lands act, under sections 37 and 39, as interpreted by the full bench of this court ..... sections was considered by the full bench of this court in vasant hariba v. .....

Subhash Joshi and anr. Vs. Mohd. Sultan S/O Abdul Gani and anr.

Court : Mumbai

Reported in : AIR2006Bom153; 2006(2)MhLj612

..... court has considered following issue in this matter.whether the suit filed by the plaintiff claiming the right to possess the suit premises as a licensee, against defendant alleged licensor, who is said to be threatening to disturb the possession of the plaintiff licensee, without following due procedure of law, is cognizable by the court of small causes bombay as per section 41(1) of the presidency small cause courts act (hereinafter referred to as 'the small causes courts act'), 1882 or whether it is cognizable by the city civil court, bombay, constituted under the bombay city civil court act ..... and the proceedings cognizable by court of small causes under this chapter and pending in district court or the court of any civil judge on the date of coming into force of the provincial small causes courts and presidency small causes courts (maharashtra amendment) act, 1984, shall be continued and disposed of by the district court or the court of civil judge, as the case may be, as if this chapter had not been enacted.provisions of section 32 of act and also been amended by ..... -section (2), for the words and figures 'the bombay housing board act, 1948 or any other law for the time being in force, applies', the words and figures 'the maharashtra housing and area development act, 1976 on any other law for the time being ..... presidency small cause courts act, 1882 in its application to state of maharashtra has also been amended from 1-1-1985 by deleting the words 'or in any other law for the .....

Narsinha Pandurang Garkhedkar Vs. the State of Maharashtra and ors.

Court : Mumbai Aurangabad

..... of the maharashtra revenue tribunal allowed this revision application and the matter was remitted back to the trial court for fixation of price as contemplated under section 32-o of the bombay tenancy and agricultural lands act, 1948. ..... it appears that this santu-tenant filed an application under section 32-o of the bombay tenancy and agricultural lands act, 1948 for the fixation/ determination of price of the land in his possession as ..... dated 21st october, 2003, the learned sub- divisional officer pleased to dismiss the appeal with specific observations that the tenancy of santu is established in the proceedings till the supreme court and has reached its finality, and considering this aspect now this issue need not be reopened again. 6. ..... it appears that after about 10 years on 19th october, 2000, the learned civil judge, junior division pleased to refer the issue whether, santu is tenant of the land as claimed it appears that this proceeding was separately numbered as 1/2001 before the tahsildar as ..... merely because, some reference is made by the civil judge, junior division in the civil suit pending before him of the year 1990 in which the order came to be passed by the present petitioner declaring santu as tenant of the land of the ownership of arjun-landlord, this order is passed by him ..... was filed by the tenant-santu before the learned civil judge, junior division, akole for perpetual injunction. ..... while tenancy proceeding was pending, civil suit bearing regular civil suit no. ..... civil .....

Anil Dhondu Shinde and Another Vs. Govind Jagnnath Samant, Since decea ...

Court : Mumbai

..... according to him, the decree in question has not been passed by a court constituted under section 28, but it has been passed by the court of civil judge, senior division, thane, in exercise of its ordinary civil jurisdiction under section 9 of the code of civil procedure read with section 24 of the bombay civil courts act, 1869. ..... to hold that the trial court acting under section 9 of the civil procedure code had no jurisdiction to pass a decree after repeal of the bombay act, would amount to extending the operation of the bombay act beyond the date of its expiry on 31st march, 2000. ..... applying the aforesaid principles of law, the question of impact of section 58 of the maharashtra act and section 7 of the bombay general clauses act on the ordinary civil jurisdiction of the court under section 9 of the civil procedure code will have to be considered. 18. ..... the bombay rents, hotel and lodging house rates control act, 1947 was brought into force with effect from 19-1-1948 with a view to amend and consolidate the law relating to the control of rents and repairs of certain premises, or rates of hotels and lodging houses and of eviction and also to control the charges for licence of premises, ..... as pointed out earlier, in the present case, the bombay act was brought into force on 19-1-1948 and sub-section (2) of section 3 therein stated that it shall remain in force up to and inclusive of the 31st day of march, 2000 and shall then expire. .....

Baburao Anant Dhage and Others Vs. Jagannath Gopala Karale

Court : Mumbai

Reported in : 1999(3)ALLMR414; 2000(1)BomCR303; (2000)2BOMLR919

..... (1) no civil court shall have jurisdiction to settle, decide or deal with any question including a question whether a person is or was at any time in the past a tenant and whether any such tenant is or should be deemed to have purchased from his landlord the land held by him which is by or under this act required to be settled, decided or dealt with by the mamlatdar or tribunal, a manager, the collector or the maharashtra revenue tribunal in appeal or revision or the state government in exercise of their powers of control. ..... the objection raised to the suit filed by the plaintiffs is based on section 85 of the bombay tenancy and agricultural lands act, 1948 (hereinafter referred to as 'the tenancy act'), which is as follows: 85. ..... - for the purposes of this section a civil court shall include a mamlatdars' court constituted under the mamlatdars' courts act, 1906. 3. ..... the jurisdiction of the civil court to decide that question cannot, therefore, be ousted by virtue of section 85 of the act and the procedure under section 85-a is not applicable. 13. ..... vasant anant sultane, : (1960)62bomlr471 , this court has observed that section 70 of the bombay tenancy and agricultural lands act, 1948, does not empower the mamlatdar to decide the question whether a surrender which has been already accepted by him and in pursuance of which possession has been ordered to be delivered to the landlord, was a nominal surrender never intended to be acted upon. .....