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
..... 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
..... 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 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 : 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 : Supreme Court of India
..... debt having occurred, the appellant lodged a dispute case7 on 7th march, 2001 before the registrar of cooperative societies, maharashtra under section 91 of the maharashtra cooperative societies act, 19608 for recovery of 1,05,98,710/-. ..... dipankar datta, j.the challenge1 ahmednagar district central cooperative bank limited1 is in appeal, challenging the judgment and order dated 23rd november, 20172 of the high court of judicature at bombay, bench at aurangabad3 dismissing 1 appellant, hereafter 2 impugned judgment, hereafter 3 high court, hereafter page 1 of 16 its ..... page 11 of 16 analysis and reasons29 having noted the facts that triggered the writ petition before the high court at the instance of the appellant as well as the steps taken, post the auction sale, we are tasked to decide whether the justice of the case demands grant of any relief to the appellant and, if ..... dated 31st august, 2005 was passed by the additional registrar in terms of section 102 of the 1960 act read with certain government notifications referred to therein directing winding up of the society ..... was no irregularity, far less any illegality, in the process of sale undertaken pursuant to the order of the high court dated 9th june, 2015 as well as the prior order permitting the property to be put up for auction sale.20 ..... the supreme court of india civil appellate jurisdiction civil appeal no.8343 of2024[arising out of slp(c) no.16901 of2024 the ahmednagar district central ..... the civil appeal stands disposed .....
Tag this Judgment!Court : Supreme Court of India
..... leviable under section 3 of the bombay stamp act which indicates the instruments executed in the state or those outside the state but brought into the state for the first time relating to any property situate or to any matter or thing done or to be done in the state shall be chargeable to stamp duty prescribed under the bombay stamp act. ..... appeal is filed assailing the final order dated 03.03.2021 passed by the high court of judicature at bombay (hereinafter shortly referred to as "the high court") in writ petition no.4695 of 2017, by which, the high court has dismissed the said writ petition, thereby affirming the order dated 26.10.2016 passed by the court of 4th joint civil judge (senior division), thane, (hereinafter shortly referred to as the trial court ) in allowing the application filed by the defendant no.46 for impounding the ..... referring to section 4 of the maharashtra stamp act, 1958 (hereinafter shortly referred to as the act ), the learned counsel appearing on behalf of the appellants contended that the agreements to sell in relation to the same immovable properties ultimately resulted into a sale deed in favour of the 3 appellants and the ..... further, as per section 4(2) of the maharashtra stamp act, the parties are at liberty to parties to determine as to which of the document ..... the defendant no.46 took out an application under sections 33, 34 & 37 of the maharashtra stamp act, 1958 r/w section 17 of the registration act, to impound the six original agreements for sale .....
Tag this Judgment!Court : Supreme Court of India
..... construction company & others appellants versus state of maharashtra & others respondents with civil appeal no.9703 of2024civil appeal no.9704 of2024civil appeal no.9705 of2024civil appeal no.9706 of2024civil appeal no.9707 of2024civil appeal no.9708 of2024civil appeal no.9709 of2024civil appeal no.9710 of2024civil appeal no.9711 of2024civil appeal no.9712 of2024page 1 of 86 judgment nagarathna, j.these appeals have been filed against three impugned judgments and orders of the high court of judicature at bombay, namely, i) judgment dated 18.12.2018 whereby ..... by the state government wp(c) on no.2531/2009 15.07.2008 and thereafter wp filed on 05.12.2009) 9.1 insofar as the appellant m/s kukreja construction company, it was submitted that the conditions which are required to be complied with for seeking compensation under section 126(1)(b) of the mrtp act have not been met and therefore, unless and until the said conditions are complied with, the said appellant would not be entitled to compensation under the scheme of the ..... such fsi so surrendered would be utilisable on the remainder of the land up to a limit of 40% in respect of the plots situated in mumbai city and 80% in respect of the page 27 of 86 plots situated in suburbs and extended suburbs. ..... district board, bhojpur, (1992) 2 scc598 this court noted that: 13... ..... district board, bhojpur, (1992) (2) scc598 (para 13); hindustan petroleum corporation ltd. vs. .....
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