Judgment Search Results Home > Cases Phrase: bombay civil courts act 1869 maharashtra preamble 1 the bombay civil courts act 1869 Page 1 of about 6,385 results (0.351 seconds)

The Punjab National Bank Ltd. Vs. Panchsheela Industrial Co-operative ...

Court : Delhi

Reported in : ILR1979Delhi300

..... there, a suit was instituted in 316 the city civil court at calcutta against a co-operative society registered at delhi under the bombay co-operative societies act 1925 as extended to the state of delhi. ..... discloses a cause of action against the union of india (4) whether the suit for recovery of the amount claimed is maintainable against the union of india and is this defendant liable to make payment to the plaintiff (5) whether the provisions of section 79 of the punjab co-operative societies act are attracted in the present suit if so, to what effect (6) if the above issue is found against the plaintiff, whether the suit is maintainable against defendant i for non-compliance with the provisions of section 79 of the punjab cooperative societies act (7) what amount is due to the plaintiff (8) as between defendants ..... air 1970 j & k 148, the defendant was a society registered under the maharashtra co-operative societies act 1961. ..... this territorial limitation is implicitly recognised by the punjab co-operative societies act itself in the preamble, which describes it as an act to consolidate and amend the law relating to co-operative societies in the state of punjab. ..... the question which arose for decision was whether the dispute between the parties could be referred to arbitration under section 91 of the maharashtra co-operative societies act 1961. .....

Kaniram Jagannath Lokhande and anr. Vs. the State of Maharashtra and o ...

Court : Mumbai

Reported in : AIR1977Bom240

..... he firstly contends that the act is an incomplete and defective piece of legislation in that, though the restoration of land to the tribal is intend-ed to be accompanied by refund of the purchase price and value of the improvements made, by him to the non-tribal, the act not only does not provide any machinery for the enforcement of the recovery thereof, but on the contrary precludes even the civil court from doing it. ..... in the event of the amount payable under section 3 (1) (ii) read with section 3 (4) (b) being excluded from the purview of section 3 (4) (g), there would be no reason why the bar of jurisdiction of the civil court created under section 10 of the act should ..... also further contends that, even if such amount is found not to be recoverable under section 3 (4) (g), that itself will be the good reason why section 10 of the act ousting the jurisdiction of the civil court should not be attracted.10. ..... to the service of the first notice, the government of maharashtra framed rules on 1st of november 1975 under the act prescribing the forms in which the notices were to be served for initiating the proceedings for restoration of lands to the tribals. ..... now, as indicated in the preamble itself, the act is intended to restore the lands to the persons belonging to the scheduled tribes referred to in the act as 'tribals' which were duly transferred by them to other ..... tillers day, so notified under the bombay tenancy and agricultural lands act of 1948 to 6-7-74 when ordinance .....

Msm Discovery Private Limited Vs Viacom 18 Media Private Limited.

Court : Delhi

..... ganesh submitted that the powers of the tribunal, as contained in section 16 read with section 15 of the trai act, were indeed wide and not limited to the powers available to a civil court while deciding civil disputes concerning specific performance of contracts ..... in this context, the ousting of the jurisdiction of the civil court contained in section 15 and section 27 of the act has also to be kept in ..... 15 of the trai act is a complete bar on any civil court entertaining any suit or proceeding in respect of any matter which the tdsat is empowered to determine and no court or other authority can issue any injunction "in respect of any action taken or to be taken in pursuance of any power conferred by or under this act."23. ..... a plain reading of the relevant provisions of the act in the light of the preamble to the act and the objects and reasons for enacting the act, indicates that disputes between the concerned parties, which would involve significant technical aspects, are to be determined by a specialised tribunal constituted for that purpose ..... on 15th july 2010, msmd filed a petition under section 9 of the arbitration and conciliation act, 1996 (`ac act) in the high court of bombay praying inter alia for an interim order restraining viacom18 "from executing any agreements with multi system operators, affiliates, cable operators in violation of the petitioners rights under the mou and in respect of the four channels viz. ..... tata teleservices (maharashtra) ltd. ..... (bank of maharashtra v. .....

Anil Dattatraya Ade Vs. Presiding Officer, School Tribunal,

Court : Mumbai

Reported in : 2003(3)BomCR465; 2003(2)MhLj316

..... dismissing the petition, this court observed thatnothing had been pointed out to the court as to how theprovisions of the bombay civil services rules or of act or ofthe school code were made applicable to respondent-institute.in absence of any resolution or statutory rule, the petitionercould not claim protection thereunder. ..... the preamble of the act reads thus;' whereas, it is expedient to regulate the recruitment andconditions of service of employees in certain private schoolsin the state, with a view to providing such employees securityand stability of service to enable them to discharge theirduties towards the pupils and their guardians in particular,and the institution and the society in general, effectivelyand efficiently; and whereas, it is further expedient in the public interest tolay down the duties and functions of such employees with aview to ensuring that they become accountable to themanagement and contribute ..... for the foregoing reasons, we hold that the provisions ofthe maharashtra employees of private schools (conditions ofservice) regulation act, 1977 and the maharashtra employees ofprivate schools (conditions of service) rules, 1981 apply toemployees working in pharmacy institutions, and schooltribunals constituted under the act have jurisdiction toentertain, deal with and decide disputes in exercise of thepower conferred by the act. .....

Kishore Premlal Dalaya and ors. Vs. Akali Premaji and ors.

Court : Mumbai

Reported in : AIR1974Bom133; (1973)75BOMLR604

..... that arises is whether the amendments effected in the bombay court-fees act, 1959, in so far as they relate to the addition of clause (ha) is section 6(iv), as well as the amendment in clause (i) and the amendment effected by substituting a new section 9 for the old section in the suits valuation act, 1887, are retrospective in effect and apply to the present suit which had been filed long before the said amendments on the file of the bombay city civil court on the date on which those amendments came into force but still remained on the file of the bombay city civil court on the date on which those ..... i, therefore hold that as regards court-fees, the present suit continues to be governed by section 6(iv)(i) of the bombay court-fees act, 1959, as it stood prior to its amendment by maharashtra act 9 of 1970, and the view taken by judge suresh that the present suit is governed by the new clause (iv) (ha) of section 6 of the bombay court-fees act, 1959, is erroneous, if the plaintiffs' averment in the plaint that the relief claimed in it is incapable of monetary valuation be correct and is accepted by the court. 5. mr. ..... of the preamble to the amending act is duly carried out by the provisions of section 6 of that act and in my opinion, nothing more than that was intended by the legislature when it enacted the said para of the preamble. .....

Regional Manager M.S.R.T.C. Vs. Civil Judge, Senior Division and ors.

Court : Mumbai

Reported in : (1994)ILLJ140Bom

..... the trial court by the impugned order dated 20th june, 1991 rejected the objection holding that the jurisdiction of the civil court is barred only as regards to those disputes which are referred to the industrial court, under section 28(1-a) of the act, 1926.4. ..... 4) no civil court shall entertain any suit or other proceedings in relation to the dispute referred to the industrial court as aforesaid, and if any suit or proceeding is pending, in any such court, the civil court, shall, on receipt of an intimation from the industrial court that it is seized of the question, cease to exercise jurisdiction in respect thereof. 5. mr. ..... or member of a registered trade union (including any dispute relating to wrongful expulsion of any such office-bearer or member), or where there is any dispute relating to the property (including the account books) of any registered trade union, any member of such registered trade union, for a period of not less than six months, may, with the consent of registrar and in such manner as may be prescribed, refer the dispute to the industrial court constituted under the bombay industrial relations act, 1946, for decision. ..... the counsel tried to seek support from the phraseology as engaged in section 91 of the maharashtra cooperative societies act, 1960. ..... the act of 1926 as per the preamble came into being to provide registration and in certain respects to define the law, as regards the trade unions. .....

G. Ramchandran (Dr.) Vs. Gandhi Bindiya Rajesh and ors.

Court : Mumbai

Reported in : 2002(4)ALLMR448; 2003(2)BomCR337

..... 1 to 9 that the obtained the ad interim reliefs from the city civil court by suppressing the true facts regarding the requirement of rules of attendance. ..... the preamble of the act contains its object and one of them is to take measure for curbing or for eradicating undesirable non-academic influences detrimental to the maintenance of discipline and standards of education or academic excellence in the university and to provide for matters connected with or incidental thereto. ..... 4557 of 1983), to point of that the provisions of maharashtra secondary and higher secondary education board regulations, 1977 which are para materia the same as the provisions of ordinances 119 and 120 were held to be mandatory and no exception was made for relaxation of the condition of minimum attendance even in the case of a student who during the relevant academic year was required to be taken abroad for medical treatment. ..... the bombay university act, 1974 which previously governed such matters has been repealed and substituted by the act which came into force on 21st july, 1994. .....

Anand Govind Bhide Vs. Smt. Rohini Bhide

Court : Mumbai

Reported in : I(2001)DMC646

..... 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 under any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation, and(b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the family court extends.explanation : the suits and proceedings referred to in this sub-section are ..... however, in our opinion, his basic objection to the maintainability of the suit in the city civil court at bombay, in view of the provisions of the family courts act, 1986, must be upheld. mr. ..... the preamble to the family courts act, 1984 says that the family courts act was enacted to provide for the establishment of family courts with a view to promoting conciliation in, and securing speedy settlement of disputes relating to marriage and family affairs and for matters connected therewith.24. ..... the family courts act, 1984 was applied to the state of maharashtra on 1st december, 1986 and the family court was established on 7.10.1989. .....

Hindustan Coca Cola Bottling S/W Pvt. Ltd. and anr. Vs. Bhartiya Kamga ...

Court : Mumbai

Reported in : 2002(3)BomCR129; (2002)1BOMLR123; [2002(92)FLR160]; 2002(1)MhLj559; 2001IIICLR1025

..... the preamble to the last item of the schedules it would be crystal clear that the enactment contemplates a full fledged trial of the complaint filed by the parties before the appropriate courts under section 28 read with section 36 of the act ..... once it is clear that the jurisdiction of the industrial court depends upon the fact of existence of employer-employees relationship between the parties which is a jurisdictional fact, which should exist to enable the industrial court to assume jurisdiction to entertain the complaint under the said act, in the absence of the same, any attempt on the part of the industrial court to adjudicate upon the issue of such relationship would amount to mistake of fact ..... the labour court or the industrial tribunal under the act can examine the complaints made thereunder, the whole provision would be rendered otiose and in each of those cases provisions of the bombay industrial relations act, 1946 or the industrial disputes act will have to be invoked, we are afraid that this argument cannot be sustained for the fact that even in respect of claims arising under section 33-c(2) appropriate dispute can be raised in terms of section 10 of the industrial disputes act and that has not been the position in the ..... complaints of unfair labour practices under items 5, 6, 9 and 10 of schedule iv of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as the 'mrtu & pulp act'. ..... maharashtra general .....

Bhuwalka Steel Indus. Ltd. Vs. Bombay Iron and Steel Labour Bd. and an ...

Court : Supreme Court of India

Reported in : 2010(1)BomCR656; JT2009(15)SC269; (2010)ILLJ561SC; 2009(14)SCALE623; (2010)2SCC273; 2009(10)LC5041(SC)

..... state of maharashtra 2000 ii clr 279 on the aforesaid expression that it is only casually engaged workers who come within the purview of the act, correct and proper?in the two aforementioned judgments of the bombay high court, the learned judges, writing the majority judgment, recorded as under:for the aforesaid reasons, we find that the interpretation placed by the division bench in century textile and industries ltd. ..... state of maharashtra (cited supra) is essentially a correct judgment, while the view taken by the full bench and the interpretation put forth by the same of the sections 2(11) and 2(12) of the mathadi act, is erroneous inasmuch as the impugned judgments have ignored to take into account the context in which these provisions have been enacted and they also ignored the intention of the legislature, which is reflected from the preamble and the other provisions of this act.5. ..... 3624 of 2007, slp (civil) nos. ..... 4046 of 2007, slp (civil) nos. ..... 20206 of 2007, and slp (civil) no. ..... 13462-13463 13462-13463 of 2007, slp (civil) no. ..... 1982 of 2007, slp (civil) no. ..... leave granted in slp (civil) no. ..... 20206 of 2007, and slp (civil) no. ..... 13462-13463 13462-13463 of 2007, slp (civil) no. ..... 4065 of 2007, slp (civil).... cc no. ..... 3624 of 2007, slp (civil).... cc no. ..... 1982 of 2007, slp (civil) no. ..... this judgment will dispose of slp (civil) no. .....