Judgment Search Results Home > Cases Phrase: bombay civil courts act 1869 maharashtra section 6 situation of district court Page 8 of about 122 results (0.205 seconds)

Mohd. Riyazur Rehman Siddiqui Vs. Deputy Director of Health Services

Court : Mumbai

Reported in : 2009ACJ585; 2008(6)MhLj941

..... judgment of this court in the case of maharashtra power development corporation limited's case (supra) which had taken the contrary view and held that the judgment of company court pronounced in the appeal under section 10-f of the companies act would not be a judgment and decree within the meaning of the provisions of the code of civil procedure, and therefore, the appeal was not barred in terms of section 100-a of ..... 'district judge' is notified as constituting the tribunal, the conferment of the special jurisdiction on the district judge is by virtue of his presiding over the district court and not as persona designata and that though the term 'district judge' is used in the notification, the investiture of jurisdiction is in reality in the court of ..... judge in exercise of its appellate jurisdiction under section 173 of the motor vehicles act, 1988 even with the aid of clause 15 of the letters patent is not maintainable, and in fact, in both these situations, the appellate court would have no jurisdiction to entertain and ..... to the said high court of judicature at bombay from the judgment (not being a judgment passed in the exercise of appellate jurisdiction by a court subject to the superintendence of the said high court, and not being an order made in the exercise of revisional jurisdiction and not being a sentence or order passed or made in the exercise of the power of superintendence under the provisions of section 107 of the government of india act, or in the .....

P.V. Natu Vs. Ganpat Dayaram Kajbaje and ors.

Court : Mumbai

Reported in : 1998CriLJ4745

..... 284/66 which was originally filed in bombay high court in its ordinary original civil jurisdiction and subsequently transferred to bombay city civil court and renumbered as suit no. ..... for reporting the matter by the aforesaid authorities, the matter be called before the court on 16-10-1998.copy of the order be sent to the city civil court, bombay forthwith, for necessary compliance. ..... 7491/71 pending before the bombay city civil court within one month from the date of receipt of this order and report this court about the action they have taken in that ..... i also direct the city civil court, bombay to try and dispose of the suit ..... injunction order has its far reaching consequences and a situation has arisen that provisions of the food adulteration act cannot be effectively implemented in the state of maharashtra. ..... alleged to be adulterated is likely to be launched further prosecution against the members of the sixth plaintiff association, but shall not to proceed with such prosecution save and except for the purposes mentioned hereinabove.no authority or court or any person could act upon this order because it is so vague and incomprehensible as to what idea that has been attempted to convey through that order. ..... the petitioner being the food inspector of thane municipal corporation filed a complaint before the chief judicial magistrate, thane against the respondents 1 and 2 under section 16(1)(e) of prevention of food adulteration act alleging the adulteration of deshi butter by them. .....

Shivajirao S/O Eknathrao Kovale and ors. Vs. Syed Mehmood S/O Syed Niz ...

Court : Mumbai

Reported in : 2007(5)ALLMR132; 2007(5)MhLj641

..... would submit that such findings cannot be challenged in civil court in view of section 80 of the bombay public trusts act. ..... with modification and addition of another substantial question of law involved in the second appeal may be stated in the following way:(i) whether in the facts and circumstances of the present case, the civil court had no jurisdiction to entertain the suit in view of provisions of section 2-a(l)(i) of the hyderabad abolition of inams and cash grants act, 1954 particularly when the plaintiffs claimed themselves to be inamdars of the suit lands? ..... be any two opinions about interpretation of provision of section 2(a) of the hyderabad abolition of inams and cash grants act, 1954 and there is no difficulty to reach a finding that jurisdiction of civil court is impliedly barred when the relevant questions are required to be determined by the competent officer appointed by the government under provisions of the said act. ..... out that under section 2-a(1)(i) the question whether any land is inam can be decided only by an officer authorised by the government and not by the civil court. mr. ..... andra area) inams (abolition and conversion into rayatwari) act, 1956 is final and the civil court's jurisdiction to retry the issue again is barred.19. ..... it is in the aforesaid fact situation that the apex court came to the conclusion that jurisdiction of the civil court declaring title of the inam land was excluded by ..... state of maharashtra through collector, nagpur ..... of maharashtra and .....

Manoramabai Keshav Joshi Vs. Arun Keshav Joshi and anr.

Court : Mumbai

Reported in : 2008(1)BomCR667; 2008(1)MhLj905

..... by that notification the government of maharashtra remitted the fees payable by women litigants on any of the plaint, applications, petitions, memorandum of appeals or any other documents specified in the first and second schedule of the bombay court fees act to be filed in any civil, family or criminal courts in respect of the cases relating to (a) maintenance, (b) property disputes, (c) ..... being a woman, claimed exemption from payment of court fees by virtue of a notification issued by the government of maharashtra under section 46 of the bombay court fees act. ..... the present case, purpose of the beneficial social scheme in the form of notification issued by the government for benefit of woman about the property dispute and the view taken by this court in different cases, it must be held that the present dispute is pertaining to the property consisting the matrimonial dispute and therefore, the petitioner is entitled to the exemption. ..... held that the plaintiff/petitioner is entitled to exemption from payment of court fee only to the extent of 1/6th share, but she has to pay court fee for the remaining 5/6th shares of the property and directed her to pay the court fee accordingly within one month, failing which the plaint was directed ..... the learned counsel for the parties.section 46 of the bombay court fees act, 1959 empowers the state government to remit the fees mentioned in the first schedule of the said act by notification of the official gazette, ..... 666/ka situated within the limits .....

Foreshore Co-operative Housing Society Limited Vs. Shri Praveen D. Des ...

Court : Mumbai

Reported in : 2004(5)BomCR590; (2004)106BOMLR310

..... act') as civil court has no jurisdiction to question the action or orders passed by the bombay ..... 655 of 1968 in the bombay city civil court, bombay, for an order and injunction restraining ..... however, on the issue of maintainability, counsel conceded that in view of section 9-a(2) of the civil procedure code, at this stage, court need not go into that aspect and requested to proceed further on the merits of ..... am of the view, apart from the settled principle of grant of ad interim relief, as declared and settled from time to time by various courts, in cases like this where, admittedly, construction activities could not be completed, even though commenced in the year 1966 one way or the other and as various courts have passed the injunction orders against the defendants, this itself is sufficient reason, pending the decision of the suit or, at least, pending the decision ..... the issue that the suit itself is not maintainable in view of the provisions of sections 45, 47 and 149 of the maharashtra regional & town planning act (for short 'm.r.t.p. ..... of hearing of this notice of motion, the division bench, while passing the said ad interim order, was fully aware of the said submissions, as raised by the defendants' counsels and the exigency of the situation in view of the prescribed period as reflected in those letters. ..... cannot be dismissed on the ground that the plaintiff made averments which did not find place in the original plaint presented before the court of district munsiff, navalgund. .....

Janardan S/O Ramchandra Bute Vs. Ganapati Devasthan

Court : Mumbai

Reported in : 2006(1)ALLMR592; 2006(2)MhLj181

..... the defendant had filed counterclaim for specific performance of the contract and the appellate court has observed in para 12 of the judgment as under :the learned counsel for appellant at the same time opposed this contention and placed reliance on provision of section 36 of the bombay public trusts act wherein it is specified that no sale shall be valid without the previous sanction of charity commissioner, if it pertains to immovable property of the public trust. ..... perusal of the agreement for sale would reveal that no reason is mentioned in that agreement of sale as to why the property of the trust is being sold to the defendant and the appellate court has rightly observed that the agreement of sale has been executed by the then sole trustee of the plaintiff-trust, namely vinayak madhavrao tembhekar, father of the present sole trustee madhukar and the execution of ..... he contended that the appellate court has committed an error of law in interpreting the provision of section 36 of the bombay public trusts act, 1950 (for short the act) and wrongly set aside the judgment and decree passed by the t trial court. ..... this second appeal has been filed by the original defendant challenging the judgment dated 17-2-2005 and decree passed by the learned district judge in regular civil appeal no. ..... chanty commissioner of maharashtra state, mumbai : 2004(2)mhlj792 .4. .....

N.P. Nathwani Vs. the Commissioner of Police

Court : Mumbai

Reported in : (1976)78BOMLR1

..... that arose for consideration before the court was whether section 37(3) of the bombay police act, 1951 was itself ultra vires article 19 of the constitution or not but while refuting the contention that no kind of limitation was placed upon the powers of the commissioner of police acting under this provision, this court pointed out that one of the principal limitations that was placed by the section upon the power of the ..... condition precedent existed in the case or not was a matter for subjective satisfaction of the commissioner of police and once the commissioner of police was satisfied having regard to the situation obtaining in greater bombay that for the preservation of the public order in greater bombay it was necessary to resort to the aforesaid provision, then, the jurisdiction to exercise the power could be said to have arisen to him and in the instant ..... granted in the order itself that if anyone wanted to take out a procession for some other purpose which was lawful it was open to them under section 144, sub-section (4) to apply for an alteration of the order and obtain a special exemption, mere omission of the district magistrate to make the exemption clause of the order more comprehensive would not, in our opinion, vitiate the order on the ground that it places ..... , who appeared on behalf of the advocate general of maharashtra to whom notice under order xxvii-a of the civil procedure code was issued by this court, that all these orders (all the impugned general .....

The Mohatta Nagar Co-operative Hsg. Soc. Ltd. Vs. Vishram Khimji and S ...

Court : Mumbai

Reported in : 1994(1)BomCR444; (1994)96BOMLR906

..... , and after taking into consideration, these amended provisions, the learned trial judge, came to the conclusion that after the amendment of the said act by maharashtra act 36 of 1986, right of the plaintiffs to construct additional building or structures, is protected and this right, which, section 7-a has given to the promoter, is not only in respect of past constructions, but, also enables the promoter to construct in future, under the scheme or project or development in the layout, with the only ..... shri vepari them, invited my attention to section 7 of the maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) act, 1963 (hereafter the act) and pointed out that after this act came into force in greater bombay, on 10th february, 1964, between that date and the filing of the suit in the year 1970, respondents had no right to make any additional construction without taking prior consents of the flat owners, when, they ..... ', vikroli, bombay-79, has by this appeal challenged the judgment and decree passed by the judge, city civil court, bombay on 29th april, 1988 in suit no. ..... in fact, it appears that when in the year 1970 or thereabout, defendants started putting a fencing around the plot and make some changes in the situation that the present suit came to be filed seeking injunction against the defendants. .....

Suraj Vs. State of Maharashtra and Others

Court : Mumbai Aurangabad

..... honourable supreme court considered the scheme of sections 56 to 61 of the bombay police act, (now the maharashtra police act) in the matter of hari gavali versus deputy commissioner of police (1956 cri lj 1104) and bhagubai dullabhabhai bhandari versus the district magistrate, thane ..... ) (14 glr 384), the full bench of the gujrath high court has concluded that, the order passed under section 56 and the preventive action taken by taking recourse to provisions of the maharashtra police act, 1951 under the relevant part of maharashtra police act, 1951 is in exercise of administrative powers by the authority, as it is observed, where an administrative power is exercised by the statutory authority and exercise of such power involves civil consequences to a person, the statutory authority must disclose the ground ..... because the appellate authority is required to determine the question affecting the civil rights of the appellant, that itself does not make the determination judicial ..... prerogative powers are in fact concerned with sensitive, non-justiciable areas, for example, foreign affairs, but some are reviewable in principle, including the prerogatives relating to the civil service where national security is not involved. ..... minister for the civil services this is ..... action results in affecting the civil rights of the party. ..... also been said that powers conferred by the royal prerogative are inherently unreviewable but since the speeches of the house of lords in council of civil service unions v. .....

State of Maharashtra and anr. Vs. Shriram Babulal Chaurasiya

Court : Mumbai

Reported in : 1992(3)BomCR201

..... section 124 (i) specifies that no civil court shall have jurisdiction to settle, decide or deal with any question (including a question whether a person is or was at any time in the past, a tenant and whether the ownership of any land is transferred to, and vests in, a tenant under section 46 or section 49-a or section 49-b) which is by or under this act required to be settled, decided or dealt with by the tahsildar or tribunal, a manager, the collector or the maharashtra revenue tribunal in appeal or revision or the state government in exercise of their powers of control ..... considering the facts in the instant case, and there being no averments or evidence to the effect that acts done by the district food supply inspector, the collector and other officials were not in good faith, definitely the provisions of section 15 of the essential commodities act will come into play and thereby the suit instituted by the plaintiff is not maintainable.10. ..... while deciding this aspect, their lordships observed:-'the normal rule prescribed by section bombay sales tax act of the code of civil procedure is that the courts shall (subject to the provisions contained in the code) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred ..... it is only section 6-c of the act that deals with the situation arising out of the appeal filed by the trader when an order of confiscation was passed, the section authorises payment of .....