Judgment Search Results Home > Cases Phrase: bombay civil courts act 1869 maharashtra section 40a repealed Page 5 of about 142 results (0.161 seconds)

Prabhudas Bachhubhai Babaria and ors. Vs. Sulbha W/O Wasudeorao Take a ...

Court : Mumbai

Reported in : 2005(5)BomCR425; 2005(2)MhLj1058

..... the fallacy of the submission made on behalf of the appellants can be seen from the fact that clause (c) of section 4 of bombay revenue jurisdiction act, 1876 provides that no civil court shall exercise jurisdiction as to claims to set aside sales for arrears of land revenue on account of irregularity mistake or any other ground except ..... sub-section (c) of section 4 of the act provides that no civil court shall exercise jurisdiction as to claims to set aside sales for arrears of land revenue on account of irregularity, mistake or any other ground. ..... khapre, the learned counsel for the appellants, submitted that both the courts below erred in holding that the civil court has jurisdiction to entertain the suit and that the state government was not a necessary ..... the exception saves the jurisdiction of the civil court to entertain a suit in respect of auction held by the revenue ..... the trial court further held that the auction held by the revenue authorities was void ab initio; that state government was not necessary party to the suit and that the civil court has jurisdiction to entertain the suit and to ..... under second proviso to section 149 of the maharashtra land revenue code, 1966 plaintiff ..... 2 was under section 210(1) of the maharashtra land revenue code, 1966 to apply to the collector to have the sale set aside within thirty days from the date of sale on depositing the amount mentioned ..... obviously has not moved the collector under section 210(1) of the maharashtra land revenue code, 1966. .....

Radheshyam S/O Zumbarlal Chandak, Aged About 60 Years, Vs. the Distric ...

Court : Mumbai Nagpur

..... , has expressed the opinion that section 28 of the bombay civil courts act, 1869 does not confer the power upon the high court to invest any civil judge with the jurisdiction of a court of small causes for trial of suit cognizable by such court, irrespective of the value of the subject matter of such suit and, therefore, any civil judge invested with the jurisdiction of the court of small causes under section 28 of the bombay civil courts act, 1869 cannot exercise jurisdiction to entertain and try the suit or proceedings between a licensor and licensee ..... . 362, the learned single judge was considering the provisions of section 28 of the bombay civil courts act and sections 32 and 33 of the provincial small cause courts act with reference to the provisions of section 33 of the maharashtra rent control act, 1999 ..... . it was arising out of a small cause civil suit decided by the civil judge, senior division, amravati, for possession filed under the provisions of section 16(1)(c)(g) (k) and (n) of the maharashtra rent control act, 1999 ..... for this purpose, the provisions of sections 32, 33 and 34 of the maharashtra rent control act were essentially relied upon ..... . we here are not concerned with the provisions of the maharashtra rent control act, on the basis of which the said decision is ..... . by maharashtra act no.24 of 1984, the jurisdiction of a court of small causes was enlarged by deleting entries ..... it was introduced for the first time in the year 1984 by maharashtra act no.24 of 1984 .....

Smt. Madhumati Atchut Parab Vs. Shri Rajaram V. Parab and ors.

Court : Supreme Court of India

Reported in : 2009AIRSCW1950; 2009(57)BLJR825; 2009(4)MhLJ668(SC); 2009(2)JT87; 2009(2)SCALE90; (2009)4SCC183; 2009(2)LC520(SC); 2009(3)LHSC2016

..... from a bare perusal of section 85 of the bombay tenancy act, it would be evident that this provision bars the jurisdiction of civil court to deal with any question including a question whether a person is or was at the 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 would be decided or dealt with only by the mamlatdar or tribunal or a manager, the collector or the maharashtra revenue tribunal in appeal or revision by the ..... section 85 of the said act is as follows:section 85 - bar of jurisdiction (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 the 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 on revision, the state ..... but considering it as strictly as i can, looking to the language used by the legislature in section 70(b) of the tenancy act, and looking to the scheme of the act, it seems to me clear that all questions with regard to the status of a party, when the party claims the status of a protected tenant, are left to be determined by the revenue court, and the jurisdiction of the civil court is ousted....10. .....

Maruti Nivrutti Navale Vs. State of Maharashtra and anr.

Court : Supreme Court of India

..... deputy collector, maval sub-division, pune addressed to senior police inspector, bundgarden police station, pune submitted that in view of the conduct and involvement in various heinous offences, the appellant is not entitled indulgence by this court for any relief.12) as observed above, all the three counsel appearing for the parties took us through mous, lease deed and other correspondence/communications with the educational authorities as well as the report of the ..... 2- complainant.5) the only point for consideration in this appeal is whether the appellant has made out a case for grant of anticipatory bail under section 438 of the code of criminal procedure, 1908 (in short the code).6) inasmuch as the additional sessions judge, pune in the order dated 29.08.2011 and the high court in the impugned order dated 19.09.2011 adverted to all the factual details relating to the appellant-accused and the respondent no. ..... it is true that the parties have also approached the civil court for various reliefs. ..... (e) the trust filed an application under section 41e of the bombay public trust act, 1950 before the joint charity commissioner, pune seeking prohibitory orders against the appellant-society. ..... the society is engaged in imparting formal and informal education by establishing various schools, colleges and institutions in the state of maharashtra. .....

Ramesh W. Sawant and Another Vs. Apex Urban Co-op. Bank of Maharashtra ...

Court : Mumbai

..... by such nomenclature or who may be taken to be a licensee also, if a suit does not relate to the aforesaid 3 aspects, but relates to declarations and the recovery of damages (upon mitigation of those damages) it would not be a suit either under section 7(5) of the maharashtra rent control act 1999 or under section 41 of the presidency small cause courts act 1882. ..... it is for such a suit that the defendant would claim that the civil courts inherent jurisdiction is barred under the maharashtra rent control act, 1999 as also the presidency small cause courts act (1882). ..... kanayo khubchand motwani 2006 blr 1082 the suit for recovery of security deposit with interest and costs was held to be not under section 41 of presidency small cause courts act, 1882 and consequently the jurisdiction of the civil court was held not ousted. 21. ..... hence even in a suit between landlord and a tenant or a licensor or licensee if it is for any relief other than the relief relating to recovery of rent, recovery of possession or under the rent act the civil courts jurisdiction would not be barred. 13. ..... joglekar on behalf of the plaintiff drew the courts attention to section 7(5) of the bombay rent control act 1999 in which the term licensee is defined. ..... it must be borne in mind that only the suits which relate to recovery of rent or recovery of possession or are for claiming any relief under the bombay rent act, 1947 or the rent control act, 1999 that the civil courts jurisdiction will be barred. .....

The Bombay Municipal Corporation Vs. Dhondu Narayan Chowdhary

Court : Mumbai

Reported in : (1965)67BOMLR427

..... allow the appeal and set aside the order of the bombay city civil court and restore the order of the officer who exercised powers under section 105b of the act, but make no order about costs. ..... this appeal by special leave against the judgment and order of the principal judge, city civil court, bombay dated february 14, 1964, the only question is whether the delegation by the commissioner, municipal corporation, of his functions under sections 105b to 105e to certain officers of the corporation was valid and proper. ..... appeal was filed under section 105f of the act before the bombay city civil court. ..... if it were not so the appeal to the bombay city civil court would be incompetent and the order could not be ..... (2) the sections, sub-sections and clauses of this act referred to in sub-section (3) are the following namely:-,section 105b.section 105c.section 105d.section 105e.a reference to sections 105b, 105c, 105d and 105e was inserted by the maharashtra act xiv of ..... or vested in the commissioner by any of the sections, sub-sections or clauses mentioned in sub-section (2) may be exercised, performed or discharged, under the commissioner's control and subject to his revision and to such conditions and limitations, if any, as he shall think fit to prescribe, by any municipal officer whom the commissioner generally or specially either by name or by virtue of office, empowers in writing in this behalf; and in each of the said sections, sub-sections and clauses the word 'commissioner' shall, to .....

Devidayal Metal Industries Vs. the Municipal Corporation for Greater B ...

Court : Mumbai

Reported in : AIR1980Bom154

..... receipt of this letter the plaintiffs filed a suit in the bombay city civil court on june 30, 1967 being suit no. ..... challenge is to the provisions of the indian electricity act, the rules framed under section 37 of the act and to the conditions of supply which are framed by the defendants who are the licensees under the act, for such a challenge it is not necessary that the state of maharashtra should be a party. ..... the main point which arises for consideration in the suit is whether under the provisions of section 21(2) of the indian electricity act, 1910 it is open to the defendants to frame conditions which' require any consumer to give a security 'deposit for the supply of electrical energy to ..... hence if any conditions are framed under section 21(2) which enable a licensee to recover from the consumer anything more than what is laid down in the act, such conditions would be in excess of the authority delegated under sub-section (2)' of section 21 to a licensee to frame conditions to regulate his relations with the ..... given to the attorney general and to the advocate general as the plaintiffs have challenged the provisions of section 21 of the indian electricity act, and have also challenged the constitutional validity of section 21(2) and the scheme and the rules framed thereunder. ..... section 527 of the bombay municipal corporation act applies to suits which are instituted against the bombay ..... a notice under section 527 of the bombay municipal corporation act is not required for the .....

Laxman Gopal Joshi Vs. Narayan Govind Vidwans and ors.

Court : Mumbai

Reported in : AIR1974Bom33; (1973)75BOMLR458; ILR1973Bom1250; 1973MhLJ874

..... have observed as follows: 'it must also be noted that in certain cases under the provisions of bombay fragmentation and consolidation act, the civil courts are restricted to partition and to execute the decree with respect to certain lands. ..... it is, therefore, evident that the rights of the coparceners to ask for partition in the civil court are kept in tact and the jurisdiction of the civil court to decided the suit for partition, is not taken away. ..... from the evidence already recorded i was also at one time inclined to treat the civil court decree as a collusive proceeding between interested parties, not borne out by facts and had a mind to ignore it and to come to the conclusion that there was no partition at all as alleged by the holder, but the family was ..... now, there can be no doubt that the petitioner who appeared in answer to the public and private notice served on him under section 17 could contend that in spite of the decree the lands were lawfully and actually in possession of the petitioner and the petitioner was the holder of the said lands. ..... 1967, dismissing his appeal under the maharashtra agricultural lands (ceiling on holdings) act, 1961 on the ground that, in calculating the holdings of respondent no. 1. ..... if that was the intention of the legislature under the maharashtra agricultural lands (ceiling on holdings ) act. ..... challenges the decision of the maharashtra revenue tribunal dated october 31. ..... in the result, the order of the maharashtra revenue tribunal is quashed. .....

Govardhandhari Devasthan Vs. Collector of Ahmednagar and ors.

Court : Mumbai

Reported in : AIR1982Bom332; 1982MhLJ390

..... she contended that the true position is that the trustees being the persons not competent to alienate the property the moneys, should have been deposited under the civil court under the section 31(2) to be dealt with under section 32 of the l.a.act . ..... no doubt, s.56b speaks of the notice being given by the court, meaning any civil court of competent jurisdiction in the state of maharashtra (sub-sec. ..... the making of the award for the purpose of compensation and its payment clearly is a legal proceeding of civil character giving rise to civil consequences and in view of the provisions of s.36 of the bombay public trusts act under which the charity commissioner can give the sanction for the purpose of alienation of the given property by putting conditions which may be similar as are enacted by section 32 of the l.a. ..... it does not appear that any notice as required by section 56b of the bombay public trusts act, 1950 was issued to the charity commissioner , nor does it appear that the direction with regard to the holding of the compensation money in favour of the government was properly considered in the light of the law applicable to ..... in fact if the compensation is payable to the persons who are the trustees governed by the provisions of the bombay public trusts act ,1950 , the special land acquisition officer could not have consigned the compensation money to the government treasury nor could have conferred authority by giving direction for the purpose of cash allowance payable upon .....

Vijay Pullarwr Vs. Hanuman Deostan

Court : Supreme Court of India

..... section 80 of the 1950 act posits a bar of jurisdiction of the civil court to decide or deal with any question which by or under the act is to be decided or dealt with under the said ..... court, in the second appeal, restored the decree of possession of the suit property passed by the trial court against the appellants, by setting aside the judgment and decree passed by the district 2 court, nagpur in regular civil appeal no.564 of 1983 dated 21st january, 1989.2. the respondent no.1, shri hanuman deosthan, is a public trust duly registered under the provisions of the bombay public trusts act, 1950 (presently known as maharashtra public trusts ..... under sub clauses ( i) to (iii) , or one or more such persons in case the suit is under sub clause (iv) having obtained the consent in writing of the charity commissioner as provided in section 51 may institute a suit whether contentious or not in the court within the local limits of whose jurisdiction the whole or part of the subject 25 matter of the trust is situate, to obtain a decree for any of the following relief s : (a) an ..... would be a condition precedent to or consequential to any of the aforesaid relief s or is necessary in the interest of the trust: provided that no suit claiming any of the reliefs specified in this section shall be instituted in respect of any public trust, except in conformity with the provisions thereof; provided further that, the charity commissioner may instead of instituting a suit make an application to .....