Judgment Search Results Home > Cases Phrase: bombay civil courts act 1869 maharashtra section 40a repealed Page 6 of about 142 results (0.258 seconds)

Shri Khalil Nabi Patel and ors. Vs. Shri Gulam HussaIn SharfuddIn Pate ...

Court : Mumbai

Reported in : 2003(1)ALLMR1155; 2003(2)BomCR479; 2003(2)MhLj991

..... 411 of 1983 decided on 16th december 1999) this court has held that in view of the amendment of section 26 of the bombay civil courts act, 1869 by the maharashtra act, iii page 99, all appeals against the decrees in the suits valued up to ..... section 106 of the code of civil procedure, 1908 reads thus:-'what courts to hear appeals: where an appeal from any order is allowed, it shall lie to the court to which an appeal would lie from the decree in the suit in which such order was made, or where such order is made by a court (not being a high court) in the exercise of appellate jurisdiction then to the high court. ..... thus, all appeals against interlocutory orders filed under section 104 or order 43 of the code of civil procedure, in the suits which are valued upto ..... is thus, clear that an appeal against the interim order passed by a court would lie to the court to which an appeal would lie from the decree passed by it. ..... of 1993 in the court of the civil judge, senior division, thane ..... the impugned judgment and order dated 6th july, 1984 the learned civil judge, senior division, thane dismissed the application for interim relief.4. ..... office is directed to remit the appeal along with the records and proceedings to the district court, thane, which shall register the appeal immediately. ..... applies even to pending appeals, which would have to be sent to the district court for disposal in accordance with law.6. ..... 2,00,000/- shall lie to the district court and that the amendment applies even to the .....

Hamid Khan Nayyar S/O Habib Khan Vs. Education Officer and ors.

Court : Mumbai

Reported in : 2004(6)BomCR871; 2004(4)MhLj513

..... the civil court had passed an order dated 23rd june, 2003, making an interim arrangement for the appointment of an acting head ..... is a serious dispute inter se amongst the trustees and members and rival groups from amongst the trust have filed respective change reports before the charity commissioner under section 22 of the bombay public trusts act, 1950, which are pending. ..... prior approval of the education officer was not taken to the order of suspension as provided in rule 33(1) of the maharashtra employees of private schools (conditions of service) rules, 1981.4. ..... learned counsel appearing on behalf of the 4th respondent has made a statement before the court that the inquiry shall be concluded within a period of 3 months from today.11 ..... in the additional affidavit that has been filed before the court on 31st march, 2004, the 4th respondent has alleged that on the very day of the order of suspension, the petitioner was furnished with a statement of allegations which was forwarded by registered post, but ..... nothing has been placed on the record before the court to indicate any extraordinary or emergent circumstances between 26th march 2003 when the education officer is stated to have been moved and the order ..... the petitioner had initially instituted a suit before the joint civil judge, junior division, amravati in order to challenge the authority of the management to ..... is run by the anjuman mufid-ul-awam welfare society, which is a trust registered under the bombay public trust act, 1950. .....

Shree Bhairavanath Devasthan, Trust Through Its Trustee and Priest and ...

Court : Mumbai

Reported in : 1999(3)ALLMR479; 2000(1)BomCR426; (2000)2BOMLR988

..... not only that but the word 'court' has been defined in this section which means any civil court of competent jurisdiction in the state of maharashtra and, therefore, in the present matter even if the charity commissioner is required to be a party, for that purpose the plaintiffs cannot be ..... requires to be mentioned that once the suit is not covered under section 50, then the ordinarily civil court is the forum where the suit has to be filed. ..... the trial court has passed common order in respect of both the suits returning the plaint on a ground that both the suits are the suits under section 50 of the bombay public trusts act, 1950 and, therefore, the permission under section 51 is required and, therefore, ..... the suit is as against the third party who are obstructing the plaintiffs and, therefore, he says that the provisions of section 50 of the bombay public trusts act are not applicable. ..... whenever the suit is otherwise than section 50, such suit has to be filed in ordinary forum and is not required to be instituted as defined in section 2(4) of the bombay public trusts act. 5. ..... it is also worthwhile to note that if as against the trespasser the trustees are required to obtain permission under section 51 and thereafter to file the suit, probably by that time the permission to file suit is obtained, the person threatening will ..... he also invited the attention of this court to section 56-b of the bombay public trusts act to point out the the charity commissioner is not party to the .....

Dkm Property Investments and ors. Vs. Tolentino Pereira and ors.

Court : Mumbai

Reported in : 1993(2)BomCR479

..... section 24 of the bombay civil courts act is otherwise identical with section 20 of the goa, daman and diu civil courts act, ..... have already earlier pointed out that this rule 233 has been erroneously quoted as rule 189 whereupon considering some provisions including provisions of section 24 of the bombay civil courts act, the learned single judge approved that the transfer can be effected under that rule by the district judge, though however, he mentioned that the source of power is section 24 of the civil procedure code. ..... questions to ask are :(1) whether the present application is liable to be entertained as an application in for transfer of the suit under section 24 of the code of civil procedure ; and (2) as contended on behalf of the non-applicants whether regard being had to the provisions of the goa, daman and diu civil courts act, 1965, the civil manual issued by the high court and the provisions of the code of civil procedure, the junior judge has to return the plaint to the original plaintiffs for presentation to the ..... dessai relies upon section 15 of the civil procedure code, a few sections of the goa, daman and diu civil courts act, 1965 and some ..... he now seeks to take assistance of section 21 of the civil courts act as a fortiorari in the matter that a civil judge, senior division cannot even try a suit where the pecuniary jurisdiction is less than ..... karsanji patel, reported in 1986 maharashtra law journal 480. ..... karsanji patel, reported in 1986 maharashtra law journal 480. .....

Gajanfar Rafik Ahmed Mirajkar Vs. Mrs. Jakiyabegum Siddi-abdur Rehman ...

Court : Mumbai

..... he relied on amendment to the bombay civil courts act, 1869 made by the maharashtra act no.xliv of 2011 and styled as the bombay civil courts (amendment) act, 2011. ..... government considers it expedient to enhance the said limits of pecuniary jurisdiction from rupees two lakhs to rupees ten lakhs and from rupees one lakh to rupees five lakhs and for the purpose to amend sections 16, 24, 26 and 28a of the bombay civil courts act, 1869, suitably. ..... the state government also, considers it expedient to transfer, by inserting new section 28b in the bombay civil courts act, 1869, all such suits in which the amount or value of the subject matter does not exceed rupees five lakhs and which are pending before the civil judge (senior division) to the court of civil judge (junior division), as well as all appeals in which the amount or value of the subject matter does not exceed rupees ten lakhs and pending before the ..... if part-vi deals with civil judges, number of subordinate civil courts, appointments, power to fix local limits of jurisdiction and situation of subordinate courts and then sets out classes of civil judges together with their jurisdiction and which jurisdiction extends to all original suits and proceedings of a civil nature, then, to my mind section 28b cannot be read as suggested by the applicant and as stand ..... 16 section 9 thereof gives a power of general control over all civil courts and their establishments within the district and that power is conferred in the district .....

The Breach Candy Swimming Bath Trust and Others Vs. Dipesh Mehta and O ...

Court : Mumbai

..... this constitution was duly approved by the city civil court at bombay by a decree passed on 15 march 1967 in a suit filed under section 50 of the bombay public trusts act, 1955. ..... these intentions were, however, overtaken to a certain extent by the pressure of social events and interim modifications were made to the terms of the original constitution and approved by the city civil court at bombay on the 28th september, 1960, whereafter local inhabitants were admitted to the use of the trust premises as guests. ..... the oral judgment passed by the city civil court on the suit under section 50 of the trusts act, which was for amendment of the constitution of the trust in accordance with the draft annexed to the plaint, clearly records that the main object of the amendments proposed was to allow non-europeans as members of the ..... there is, therefore, no bar under section 80 of the trusts act into a civil court going into such question. 16. ..... the defendants raise an objection to the jurisdiction of this court inter alia on account of the provisions of the bombay public trusts act, 1950 and particularly, the bar of jurisdiction of civil courts contained therein. ..... with the consent and concurrence of the government of the state of maharashtra, a new constitution was drafted and approved by the general meeting of the beneficiaries of the trust on the 26th february 1965. .....

Usha Badri Poonawalla Vs. K. Kurian Babu

Court : Mumbai

Reported in : AIR2002Bom292; 2002(3)BomCR215; (2002)2BOMLR408; 2002(2)MhLj951

..... xxxvi of 1959) the government of maharashtra hereby remits the fees payable by women litigants on any of the plaints, applications, petitions, memorandum of appeals on any other documents specified in the first and second schedules to the bombay court fees act to be filed in any civil, family or criminal courts in respect of cases relating to - (a) maintenance; (b) property disputes; (c) violence ..... before the learned judge, an objection was raised on the ground that the court fee had not been paid on the counter claim as required under the bombay court fees act, 1959, and on behalf of the respondent, reliance was sought to be placed on the exemption notification dated ..... the present case turns upon the construction of the notification dated 1st october, 1994 issued by the state government in exercise of the power conferred by section 46 of the bombay court fees act, 1959. ..... been issued by the state government granting an exemption from payment of court fees to a certain class of women litigants is, therefore, designed to ensure that women who are subjected to forms of violence and other situations envisaged in the notification issued under the court fees act have an efficacious remedy of access to justice for redressing their grievances. ..... the husband had filed a petition for restitution of conjugal rights under section 9 of the hindu marriage act, 1955. ..... thereof reads as follows :'now, therefore, in exercise of the powers conferred by section 46 of the bombay court fees act, 1959 (bom. .....

H.V. Narayana Rao Vs. A.R. Ravi and ors.

Court : Karnataka

Reported in : 2004ACJ271

..... is for the tribunal to find out the names of the relevant parties and issue notices to them and that the proceeding before the tribunal cannot be treated as a suit before a regularly constituted civil court and that the tribunal was not justified in applying the strict procedure and rules or pleadings applicable to a suit in considering the claim petitions. ..... motor accidents claims tribunal, 1970 acj 334 (bombay):'provision of section 110-a (2) of the motor vehicles act, 1939 and rule 291 of the rules made under section 111-a (bombay) in connection with application for claims for compensation ..... general manager, orissa state road transport corporation, 1985 acj 228 (orissa), it was held that the application for compensation under the act cannot be dismissed only on the ground of absence of specific plea of negligence when details of the accident are given, because, the question of rashness and negligence is an inference to be drawn from the circumstances ..... shall be kept in a fixed deposit initially for a period of three years in vysya bank extension counter, high court building, bangalore and the appellant-claimant is permitted to withdraw the interest accrued thereon, once in every six months. ..... be that as it may, after the claimant instituted claim petition under section 166 of the act, the respondents fully understanding that the claimant has laid a claim for compensation against them attributing negligence on the ..... the judgment of bombay high court in maharashtra state road trans. .....

Nirmal Quality Products Vs. Contey Industries and anr.

Court : Mumbai

Reported in : 1995(2)BomCR540

..... 50,000/- and, therefore, on this count the appeal would lie directly to the high court as provided for by section 26 of the bombay civil courts act, 1869.4. ..... 50,000/- and, therefore, appeal would lie directly to the high court under section 26 of the bombay civil courts act, 1869. ..... had no jurisdiction with respect to the suit or appeal exercised jurisdiction with respect thereto shall not be entertained by an appellate court unless--- (a) the objection was taken in the court of first instance at or before the hearing at which issues were first framed and recorded, or in the lower appellate court in the memorandum of appeal to that court, or(b) the appellate court is satisfied, for the reasons to be recorded by it in writing that the suit or appeal was over-valued or under-valued, and that ..... on 20th january, 1992, a further application was moved by the respondent plaintiff that a preliminary point be framed and decided under section 9-a of the code of civil procedure, 1908 (in its application to the state of maharashtra). .....

State Financial Corporation Ltd. Vs. Satpathy Brothers and Nanda Co. ( ...

Court : Orissa

Reported in : AIR1975Ori132

..... section 46b makes clear that relief in civil court can be obtained de hors the provisions of the act.7. ..... (11) the functions of a district judge under this section shall be exercisable-(a) in a presidency town, where there is a city civil court having jurisdiction, by a judge of that court and in the absence of such court, by the high court: and (b) elsewhere, also by an additionaldistrict judge.46-b. ..... thus the jurisdiction of the civil court in certain circumstances is not ousted.this, in substance, is the scheme of sections 31, 32 and 46b. ..... terms of its agreement with the financial corporation or where the financial corporation requires an industrial concern to make immediate repayment of any loan or advance under section 30 and the industrial concern fails to make such repayment, then, without prejudice to the provisions of section 29 of this act and of section 69 of the transfer of property act, 1882 any officer of the financial corporation, generally or specially authorised by the board in this behalf, may apply to the district judge within the limits ..... municipal corporation of greater bombay) a constitution bench consisting of seven judges upheld the validity of the bombay municipal corporation act (3 of 1888) as amended by maharashtra act 14 of 1961 and the bombay government premises (eviction) act, 1955. .....