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Sukhlal Bhivsan Dhobi (Suryawanshi) Since Deceased Through His L.Rs: a ...

Court : Mumbai Aurangabad

..... while considering the question, division bench considered the whole scheme keeping in view provisions of section 28 of the bombay rent act as well as bombay civil courts act, 1869, now known as "maharashtra civil courts act" (hereinafter referred to as "bombay civil courts act"). ..... " (emphasis supplied) the full bench then read provisions of section 28 of the bombay rent act with provisions of bombay civil courts act, 1869, as to how the courts are set up and referring to intent of legislature, it was observed in para 4 as under:- 4........................................ ..... it could also be tried by all the joint civil judges (senior division) or by joint civil judges (junior division) to whom the suit may be referred to for disposal by the principal judge or by the district judge under section 23 of the civil courts act, 1869, or transferred to that court under section 24 of the c.p.c. ..... referred, which have interpreted section 28 of the bombay rent act, that where no court of civil judge, (junior division) is there, the court of civil judge, (senior division), which has jurisdiction to entertain and try the suit, can try the same and it could be tried by all the joint civil judges, (senior division) or by joint civil judge, (junior division) to whom the suit may be referred to for disposal by the civil judge, (senior division) or by the district judge under section 23 of the civil courts act or by way of transfer under .....

Tukaram Pandurang Gaikwad Vs. Smt. Hababi Eabumiya Shaikh and ors.

Court : Mumbai

Reported in : (2000)102BOMLR654

..... section 26 of the bombay civil courts act, 1869, as it stood prior to 13.1.1999 read as under:in all suits decided by a civil judge of which the amount or value of the subject-matter exceeds fifty thousand rupees, the appeal from his decision shall be direct to the high court.by the maharashtra act ..... , obvious from the said decision that appeals arising out of the orders and decrees passed before the commencement of the amendment act were to be governed by the unamended provisions of section 26 of the bombay civil courts act, 1869.7. ..... reads thus :the appeal shall lie from the following orders under the provisions of section 104....shri anturkar then drew my attention to the provisions of section 26 of the bombay civil courts act, 1998 which now read as under :in all suits decided by a civil judge of which the amount or valuation of the subject-matter exceeds two lakh rupees, the appeal from his decision shall be direct to the high court.according to shri anturkar, the absence of the word 'lie ..... the judgment by justice lodha does not show that the provisions of section 3 of the bombay civil courts (amendment) act, 1984 (maharashtra act no. ..... division bench held that the appeal from a decree in a suit pending at the date when the amending act came into force would lie to the high court under section 26 of the bombay civil courts act as it stood before the amendment.6. ..... therefore, whether the amendment to section 26 of the bombay civil courts (amendment) act, 1869, effected by act no. .....

Sumitradevi Mahipal Kureel Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2007ACJ362; 2005(4)ALLMR253; 2005(6)BomCR305; 2005(4)MhLj133

..... the railway claims tribunal act, 1987, or the rules made thereunder do not provide as to how much court fee is to be paid on the memorandum of the appeal to be presented to this court under section 23 of the act, and the provisions of bombay court fees act 1959, alone, therefore govern the payment of court fees on the memorandum of appeals to be presented before this court under section 23 of the act. ..... office of this court there raised an objection that court fee paid on appeal under section 23 of railway claims tribunal act is to be calculated as per article 1 of schedule i of bombay court fees act, 1959 and demanded the deficit court fee of rs. 15. ..... 823 and has found that the court fee is payable either under article 3 of bombay court fees act treating the decision of railway claims tribunal to be an award or under article 1 of bombay court fees act, which prescribes ad-valorem court fees depending upon the valuation of the suit. ..... thus, this part does not create any confusion and states that court fee required to be paid for institution of civil suit in the civil court to obtain same relief is the proper court fee even in relation to 4 documents referred to earlier in substantive part of article 4. ..... he states that exemption available is to the passengers for personal injury while the case considered in 1991 maharashtra law journal was in relation to goods. ..... state of maharashtra reported at 1997 m.l.j. ..... state of maharashtra reported at 1997 m.l.j. .....

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. ..... (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. ..... 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. ..... 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. ..... he submitted that the apex court has held that the 'decree' or 'order' contemplated by sub-section (2) of section 9 must be of a civil court under the code of civil procedure, 1908 (hereinafter referred to as 'the said code'). ..... the view of the learned single judge is that it is not permissible to give a restrictive meaning to the words 'decree' or 'order' as contemplated under sub-section (2) of section 9 and it must be given widest possible interpretation so as to include each and every kind of recoveries which are adjudicated and have achieved finality. .....

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. ..... (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. ..... 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. ..... 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. ..... said words have been expressly used;(v) it is not permissible to give a restrictive meaning to the words 'decree' or 'order' as contemplated under sub-section (2) of section 9 of the pi act so as to defeat the provisions of the act in case where a claim is adjudicated by any other authorities other than the court of law as contemplated by sub-sections (2) and (14) of section 2 of the said code;(vi) provisions of sub-section (2) of section 9 must be given widest possible interpretation and meaning so as to include each and every kind of recoveries which are adjudicated and have .....

Jamshed N. Guzdar Vs. State of Maharashtra

Court : Mumbai

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

..... 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. ..... two questions were raised in the said appeal before the supreme court : (1) whether the city civil court act was ultra vires the legislature of the province of bombay in so far as it dealt with the jurisdiction and powers of the high court and city civil court with respect to matters in list i of seventh schedule, govt. ..... 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. ..... of india act, 1935; and (2) whether section 4 of the act was void as it purported to delegate to the provincial government legislative authority in the matter of investing the city civil court with extended jurisdiction. 15. .....

The State of Bombay (Now the State of Gujarat) Vs. Ishwarlal Nandlal M ...

Court : Gujarat

Reported in : AIR1965Guj173

..... for the purpose we may examine sections 24, 25 and 32 of the bombay civil courts act, 1869. ..... desai in support of this submission relied upon section 91 and sections 60 and 61 of the bombay reorganisation act, 1960.section 91 reads as follows: 'where immediately before the appointed day, the state of bombay, is a party to any legal proceeding with respect to any property, rights or liabilities subject to apportionment between the states of maharashtra and gujarat under the act, the state of maharashtra or gujarat which succeeds to, or acquire a hare in, that property or those rights or liabilities by virtue of any provision of this act shall be deemed to be substituted for the ..... but partially because of the fact that the notices of the amendment applications were issued to the collector of broach who could, as said aforesaid, only represent the state of gujarat and not the state of maharashtra and possibly partly due to a mistake of law as regards the question as to which state would be liable for the reliefs sought, the state of gujarat seems to have appeared and fought out the litigation and also .....

The Charity Commissioner, Maharashtra State, Bombay Vs. Smt. Shantidev ...

Court : Mumbai

Reported in : AIR1990Bom189; (1990)92BOMLR102

..... section 80 of the act provides as under :-'save as expressly provided in this act, no civil court shall have jurisdiction to decide or deal with any question which is by or under this act to be decided or dealt with by any officer or authority under this act, and in respect of which the decision or order of such officer or authority has been made final and conclusive.'16. ..... we do not propose to go into this aspect of the matter as, in our opinion, the city civil court at bombay had no jurisdiction to authorise or sanction the development agreement and/or the draft lease deed exh. ..... therefore, the question arises as to whether the city civil court at bombay is having jurisdiction to sanction such development agreement and a lease deed under the provisions of s. ..... however, the judgment and decree dated 17th february, 1989 passed by the learned judge of the city civil court at bombay in short cause suit no. ..... city civil court, bombay, in a suit filed by the present respondents as plaintiffs under s. ..... the respondents as plaintiffs filed the aforesaid short cause suit no: 7436 of 1988 in the bombay city civil court. ..... this is an appeal by the charity commissioner, maharashtra state, bombay, against the judgment and order dated 17th feb. ..... it is also pertinent to note that after the said judgment, by maharashtra act 20 of 1971, chapter v-a, dealing with powers and duties of, and restrictions on, trustees came to be inserted. s. .....

AbdulhusseIn NoorooddIn Kagajwalla and anr. Vs. Messrs Maharashtra Ind ...

Court : Mumbai

Reported in : 1997(2)BomCR246

..... suit premises used for manufacturing articles does not fall within the purview of 'premises' as defined under section 5(8) of the bombay rent act and the licensee is not entitled for the benefit of the amended provision of section 15a of the act and therefore, the question of jurisdiction of civil court does not arise in this case.11. ..... not, but for this provision, be within its jurisdiction,(a) in greater bombay, the court of small causes, bombay,(aa) in any area for which, a court of small causes is established under the provincial small causes courts act, 1887, such court and](b) elsewhere, the court of the civil judge (junior division) having jurisdiction in the area in which the premises are situate or, if there is no such civil judge the court of the civil judge (senior division) having ordinary jurisdiction,shall have jurisdiction to entertain ..... failed to appreciate this legal position and the ex-parte decree passed by him which deprives the legal right extended to the licensees by the maharashtra act no. ..... maharashtra act ..... before the leave and licence agreement revoked by notice dated 30th july, 1973, maharashtra act no. ..... undoubtedly held that the appellant was in possession of the suit premises prior to 1st february, 1973 and in view of the supreme court observation in : [1986]3scr866 , the appellant is deemed to be a tenant of the suit premises and he is entitled for the protection of amended section 15a of the maharashtra act no. ..... the government of maharashtra, directorate of .....

Dinanath Ajabrao Ingole and anr. Vs. Shetkari Shikshan Prasarak Mandal ...

Court : Mumbai

Reported in : AIR1983Bom404

..... the lawful owner of the property of which he has created the trust or had otherwise authority to create the particular trust is not covered the trust or had otherwise authority to create the particular trust is not covered by section 79 read with section 80 of the bombay public trusts act, 1950, was considered and their lordships of the full bench have held that the civil court will have the jurisdiction to decide such a question in the sense that ..... it is equally true that under section 22 (3) of the bombay public trusts act the decisions given by the charity commissioner in that regard are made final and conclusive under the act, and in that view of the matter, the bar to the jurisdiction of the civil court, as imposed by section 80 of the bombay public trusts act, will become operative. ..... section 22 (3) of the act, as applicable to maharashtra state, states that after holding such an inquiry as contemplated by sub-clause (2), and after the charity commissioner is satisfied that a change has occurred in any of the entries recorded in the register, he shall record a finding with ..... it has been deleted by maharashtra act xx of 1971, probably, to make clear what was not sufficiently clear.................'14. ..... maharashtra/47/76(w). .....