Court : Mumbai
Reported in : (1992)94BOMLR958; II(1992)DMC524
..... husband and wife reside or last residedtogether at a place which is within the local limits or jurisdiction of the districtcourt of thane, the petition can be entertained either under section 10 orsection 18 by the district court at thane or the high court of judicatureat bombay, because in case of a petition under the act, by definition, the.high court means the high court for the area where the husband and wifereside or last resided together. ..... fact that this bench is specially constitutedfor the purpose of confirmation of decrees passed by district courts and inview of the provisions of sections 8, 17, 19 and 20 of the indian divorce act,we are of the view that this court has enough jurisdiction and competenceto entertain the petition and decide it.15. ..... for any place situate in any district in the stateof maharashtra, the high court will mean the high court at bombay as bydefinition, high court means with reference to any area in a state, the ..... held that having regard to the scheme of the act havingregard to the requirement of residence within the area of the high court andnot within the state, it is obvious that what was intruded by the panliamentwas a reference to the original civil jurisdiction of the high court, so far asthe high court was concerned, and the jurisdiction of the district court, sofar as the district court was concerned. ..... reference under section 20 of the indiandivorce act, 1869 for confirmation of the decree of nullity passed by thelearned district judge, thane .....
Tag this Judgment!Court : Mumbai
..... to issue that the provisions of section 28a (2) and section 28a(3) of the bombay civil courts act 1869 are inconsistent with and repugnant to the provisions of section 299 of the indian succession act, 1925 and every order made by a district judge under the indian succession act, 1925 or every orders made by a civil judge invested with the powers of a district judge or a district court, as the case may be, under the indian succession act, 1925 in terms of sub-section (1) of section 28a of the bombay civil courts act, 1869 shall be subject to appeal to the high court in accordance with the provisions ..... as the issue of constitutional validity of section 28a of the bombay civil courts act, 1869 was at stake, notice was issued to the advocate general, state of maharashtra. mr. d.j. ..... this is because a situation of this type would be squarely governed by the provisions of section 8 of the general clauses act, 1897 and section 9 of the bombay general clauses act, 1905, which incidentally are parimateria in so far as their content is ..... such a situation is governed by the provisions of section 8 of the general clauses act, 1897 and section 9 of the bombay general clauses act, 1904, which provide that where any act repeals and re-enacts, with or without modification, any provision of a former enactment, then reference in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as reference to the provision so re-enacted .....
Tag this Judgment!Court : Mumbai
..... to issue that the provisions of section 28a (2) and section 28a(3) of the bombay civil courts act 1869 are inconsistent with and repugnant to the provisions of section 299 of the indian succession act, 1925 and every order made by a district judge under the indian succession act, 1925 or every orders made by a civil judge invested with the powers of a district judge or a district court, as the case may be, under the indian succession act, 1925 in terms of sub-section (1) of section 28a of the bombay civil courts act, 1869 shall be subject to appeal to the high court in accordance with the provisions ..... as the issue of constitutional validity of section 28a of the bombay civil courts act, 1869 was at stake, notice was issued to the advocate general, state of maharashtra. mr. d.j. ..... this is because a situation of this type would be squarely governed by the provisions of section 8 of the general clauses act, 1897 and section 9 of the bombay general clauses act, 1905, which incidentally are parimateria in so far as their content is ..... such a situation is governed by the provisions of section 8 of the general clauses act, 1897 and section 9 of the bombay general clauses act, 1904, which provide that where any act repeals and re-enacts, with or without modification, any provision of a former enactment, then reference in any other enactment or in any instrument to the provision so repealed shall, unless a different intention appears, be construed as reference to the provision so re-enacted .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)ALLMR191; 2006(4)ARBLR100(Bom); 2006(6)BomCR226; 2006(3)MhLj244
..... when the notification dated 27-2-1984 is perused, the notification clearly shows that it is issued under section 19 of bombay civil courts act, 1869, in the name of hon'ble governor of maharashtra. ..... the notification under section 19 therefore does not have the effect of creating a gondia district and it is not substitute for a notification under sections 3 and 4 of bombay civil courts act, 1869.10. ..... section 19 of bombay civil courts act, 1869, under which the notification dated 27-2-1984 has been issued by the state government to invest additional district judge with powers of district judge, reads as under:19. ..... the provisions of bombay civil courts act, 1869, which are material in this respect are contained in part ii, section 3 which deals with alteration and creation of districts reads as under:3. ..... when sections 3 and 4 are seen together, it is apparent that state government has to, by notification in the official gazette, create a new district of gondia for the purposes of bombay civil courts act, 1869. ..... when these provisions are read with section 2(4) of code of civil procedure, it is seen that till this date the state government has not exercised powers under section 3 of bombay civil courts act, 1869, and has not altered the area of bhandara district or has not created a new district of gondia for the purposes of said act. .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(2)ALLMR113; 2000(4)BomCR582; 1999(2)MhLj675
..... section 26 of the bombay civil courts act, 1869 as well as the submission made on behalf of the party who has taken the preliminary ..... in fact, in our opinion, these provisions have been made in the suits valuation act as well as in the bombay civil courts act in order to leave no scope for any ambiguity regarding the forum where the suit is to be filed and consequently the forum before which ..... referred to in the court fees act, 1870 (7 of 1870), section 7, paragraphs (v), (vi) and (ix) and paragraph (x), clause (d), court-fees are payable ad valorem under the court fees act, 1870, the value as determinable for the computation of court-fees and the value for the purposes of jurisdiction shall be the same' in the aforesaid section, where there is a reference to section 7 of the indian court fees act, for the state of maharashtra corresponding reference is to be made to section 6 of the bombay court fees act with relevant clauses thereof ..... while giving its finding and directing that the appeal lay to the district court, the judgement 6f ibrahimji issaji's case referred to and correctness of ..... as set out in para 20, page 14 of the judgement refers to a situation where the suit was valued by the plaintiff at rs. ..... later on the learned judges have summarized the situation in para 25 and have expressed themselves of the view that the ..... continuation of the suit, the valuation will govern appeal-as well and for the purposes of forum of appeal that will be the provision to govern the situation. .....
Tag this Judgment!Court : Mumbai
..... he invited our attention to the provisions of sections 14 and 15 of the maharashtra civil courts, 1869 (for short the civil courts act ). ..... he pointed out that under section 21 of the civil courts act, which provides that there shall be in each district so many civil courts subordinate to the district court as may be directed by the state government from time to time. ..... he emphasized on section 19 of the civil courts act which confers power on the state government to invest additional district judge with all the powers of the district judge within a particular part of a district and from time to time determine and alter the limits of such part. ..... he urged that the state government under section 3 of the civil courts act has a power to create judicial district, to alter the limits of a judicial district and to create new districts. ..... he relied upon section 19 of the civil courts act which confers power on the state government to invest any additional district judge with all or any of the powers of the district judge in a particular part of the district. ..... situation of district court. ..... by the said administrative order, it was directed that the petitions under article 226 filed at the benches at nagpur, aurangabad and panaji against the hon'ble chief justice of this court and officers of this court stand transferred to the principal seat at bombay. ..... oka, j at bombay as shri c.v. .....
Tag this Judgment!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"). ..... such joint civil judges have to dispose of only such work as has been referred to them either by the principal judge of the court to which they are joint or as has been referred to them by the district judge of the district in which such courts are situated. ..... 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. ..... judgments 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 .....
Tag this Judgment!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 no. ..... 411 of 1983 along with the record and proceedings of the trial court to the district court, pune, shall register the appeal immediately and the learned district judge or the court to which this appeal would be assigned shall ensure that the appeal is heard and disposed of according to law, as far as possible, within three months of the appearance of the parties.first appeal no. ..... he further submitted that if the appeal is now remitted to the concerned district court it would be registered as a fresh appeal of the year 2000 and in that event it being a new matter it will have to wait its turn in the queue of older appeals. ..... it was contended in the appeal before the high court that the decree under appeal was governed by the provisions of the amending act and that appeal against the said decree would lie to the district court and not to the high court. ..... iii of 1999) which came into force on 13.1.1999, this appeal cannot lie on the file of the high court and it will have to be sent back to the district court, pune, for disposal according to law. ..... 15.000/- for the purpose of court fee and jurisdiction, the appeal had to be heard by the concerned district court and not the high court. .....
Tag this Judgment!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. ..... 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. ..... advocate harsulkar has contended that this 1991 judgment (supra) does not consider the case of a passenger who claims compensation for personal injury but it considers the situation in which compensation is claimed for goods. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)BomCR666
..... 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 ..... 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 ..... 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 ..... 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. ..... out that only a person who is qualified to be a district judge can be a presiding officer of the said tribunal. .....
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