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Shri Ambya Kalya Mhatre (D) Through Legal Heirs and ors. Vs. the State ...

Court : Supreme Court of India

..... we are conscious of the fact that the state of maharashtra has a special provision in the bombay court fees act, 1959 (entry 15 in schedule i) which requires every claimant who makes an application to the collector for a reference to court under section 18 of the act to pay one half the ad valorem fee on the difference between the amount awarded by the collector and the amount claimed by the ..... in maharashtra and gujarat, the land losers are required to pay half of the ad valorem court-fee while seeking reference to the civil court. ..... requirement under the court fees act cannot be read as a requirement under the land acquisition act. ..... this is only a requirement in regard to the court fees act. ..... being satisfied with the compensation awarded, a.k.mhatre made an application dated 10.11.1986 under section 18 of the land acquisition act, 1894 (`act' for short) to the special land acquisition officer (also referred as `collector' or `lao') seeking a reference to a district court for enhancement of compensation by ` 90,273/- in regard to the acquired lands and paid a court fee of ` 1610/- in regard to the increase demanded. ..... sub-section (3) of section 18 of the act (added in maharashtra) providing that the land acquisition collector shall be deemed to be a court sub-ordinate to the high court, is therefore only for the limited purpose of enabling a revision under section 115 of the code to be filed against the order of the collector under section 18 of the act, and not for any other purpose. .....

The Chatusshakhiya Brahmavrinda Gayaran Trust Vs. the Union of India ( ...

Court : Mumbai

Reported in : (1968)70BOMLR407

..... section 5 of the bombay court-fees act of 1959 lays down that no document on which court-fee less than that indicated by either of the two schedules to that act is paid shall be filed in any court of justice. ..... the next question for consideration is which article from the two schedules to the bombay court-fees act of 1959 would be applicable in the case of the appeals before us. ..... it is clear from the wording of article 3 of schedule i to the bombay court-fees act of 1959 that the only awards that are excluded from the operation of this article are the awards under the arbitration act, 1940. ..... the awards against which the present appeals are preferred do, in our opinion, come within the scope of article 3 of schedule i to the bombay court-fees act, 1959.12. ..... 327, which was followed in a subsequent unreported decision of this court in the government of maharashtra v. ..... reliance is placed, on behalf of the claimants, on the above-mentioned un-reported decision of this court in the government of maharashtra v. ..... for the reasons indicated above, we are of the opinion that the reasoning adopted in hirji virji's case, which is followed in the subsequent unreported decision in the government of maharashtra v. .....

Smt. Parwatibai W/O Vijaydas Vaishnav and Others Vs. the State of Maha ...

Court : Mumbai

Reported in : 1998ACJ965; 1998(4)ALLMR676; 1998(2)BomCR593; (1998)1BOMLR593; 1998(2)MhLj73

..... by notification in the official gazettes to reduce or to remit any of the fees mentioned in the first and second schedule to that act.now, therefore, in exercise of the powers conferred by section 45 of the bombay court fees act, 1959 (bombay xxxvi of 1959), the government of maharashtra hereby remits the fees payable by women litigants on any of the plaints, applications, petitions, memorandum of appeal or any of the documents specified in the first and second schedule to the said act to be filled in any civil, family or criminal court, in respect of cases relating to (a) maintenance (b) property dispute (c) violence ..... the government of maharashtra remits fee payable by the woman litigants on any of the plaints, application, petitions, memorandum of appeal or any of the documents specified in the first and second schedule to the bombay court fees act, 1959, to be filled in civil, family of criminal courts. ..... 859 / m -1 whereas the government of maharashtra has recently announced a policy with a view to promote the welfare of the women.and whereas the said welfare policy for women inter alia provides for exemption of court fees for women litigants in cases relating to maintenance, property dispute, violence and divorce.and whereas section 46 of the bombay court fees act, 1959 (bom. ..... but claim petition filed by the petitioner claimants does not at all fall in the first or second schedule to the bombay court fees act, 1959. .....

Kestorabai W/O Bhagwan Chaudhari and Others Vs. the State of Maharasht ...

Court : Mumbai

Reported in : 1999(3)BomCR34

..... relevant notification dated october 1, 1994 issued by the government of maharashtra under section 46 of the bombay court fees act, which was meant to promote welfare of the women and held as under:- 'that by notification dated 1-10-1994 the government of maharashtra has remitted the fees payable by women litigants on any of the plaints, applications, petitions, memorandum of appeals or 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 the aforesaid categories. ..... xxxvi of 1959) empowers the state government by notification in the official gazette to reduce or to remit any of the fees mentioned in the first and second schedules to that act: now, therefore, in exercise of the powers conferred by section 46 of the bombay court fees act, 1959 (bom. ..... at this stage, the taxing officer steps in and demands from the petitioners the requisite court stamp fees under the bombay court fees act, 1959 for the first appeal. ..... and, whereas, section 46 of the bombay court fees act, 1959 (bom. ..... impugned order set aside and trial court directed to accept plaint without payment of court fees'.for ready reference, the aforesaid notification is also reproduced below:- 'revenue and forests departmentmantralaya, bombay- 400 032,dated the 1st october, 1994.bombay court fees act, 1959. no. .....

Mrs. Jyoti S. Doshi Vs. M/S Hindustan Hosiery Mills

Court : Mumbai

Reported in : AIR2000Bom474; 2000(4)ALLMR389; 2000(3)BomCR813; (2000)3BOMLR408; 2000(4)MhLj228

..... of maharashtra has recently announced a policy with a view to promote the welfare of the women;and whereas, the same welfare policy for women inter alia, provides for exemption of court fees for women litigants in cases relating to maintenance, property right, violence and divorce;and whereas, section 46 of the bombay court fees act, 1959 (bom, xxxvi of 1959), empowers the state government by notification in the official gazette to reduce or to permit any of the fees mentioned in the first and second schedules to that act;now ..... 'this suit has been lodged on 3rd april 1998 and the plaintiff is seeking to proceed with the suit without payment of the court fees in view of the then prevailing notification dated 1st october 1994 issued by the government of maharashtra invoking the powers conferred under section 46 of the bombay court fees act, 1959 remitting the fees payable by women litigants in certain circumstances.2. ..... , therefore, in exercise of the powers conferred by section 46 of the bombay court fees act, 1959 (bom. .....

Girish Kanaiyalal Munshi Vs. Sudha Girish Munshi and Kirtidev Girish M ...

Court : Mumbai

Reported in : AIR2008Bom136; 2008(4)BomCR787; (2008)110BOMLR1524

..... litigants in cases relating to maintenance, property right, violence and divorce;and whereas, section 46 of the bombay court fees act,1959 (bom.xxxvi of 1959), empowers the state government by notification in the official gazette to reduce or to remit any of the fees mentioned in the first and second schedules to that act;now, therefore, in exercise of the powers conferred by section 46 of the bombay court fees act,1959 (bom.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 or any other ..... documents specified in the first and second schedules to the said act, to be filed in any civil, family or criminal courts in respect of the cases relating to (a) maintenance, (b) property disputes .....

Sanjeevkumar Harakchand Kankariya Vs. Union of India, through the Mini ...

Court : Mumbai Aurangabad

..... the contention raised by the petitioner, though appears to be attractive, however, same cannot be accepted for the reason that court fees act, 1870, is a preconstitutional enactment, and not enforceable in the state of maharashtra after enforcement of bombay court fees act, 1959. ..... it is contended that in exercise of the powers conferred by subsection (2) of section 43 of the maharashtra court fees act, 1959, the government of maharashtra, by its order no.hca.2010/c.r.87/d19, dated 08.05.2013, has directed to refund such part of the court fees paid by the parties, as specified in column (2) of the schedule thereto. ..... it is contended that 100% of the court fee paid by the plaintiff, appellant or petitioner is refundable in the proceedings referred to in articles 20, 21, 22, 23, 38a, 38b and 38c of the schedule ii of the act. ..... thus, so far as state of maharashtra is concerned, the subject relating to prescription of fees in the courts, which is a part of state judiciary and referrable to the matters included in list ii of seventh schedule, is exercisable by the state legislature. ..... list iii of the seventh schedule is concurrent list in respect of which both the parliament as well as state legislature shall have jurisdiction and powers to make laws; and relevant entry is at sr.no.47 which prescribes fees in respect of any of the matters in the said list, but not including fees taken in any court. 11. ..... on consideration of list i incorporated in seventh schedule under article 246 i.e. .....

Sumitradevi Mahipal Kureel Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2007ACJ362; 2005(4)ALLMR253; 2005(6)BomCR305; 2005(4)MhLj133

..... 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. ..... court fee payable on the memorandum of the appeal under section 23 of the act would, therefore, be governed by provisions of article 3 of schedule i of bombay court fees act, 1959 ..... 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. ..... it, therefore, matters little whether court fee is payable either under article 1 or article 3 of schedule i of the bombay court fees act, the court fee payable under both the articles being ..... relevant provisions of bombay court fees act, 1959 are as under ..... he invites attention to article 4 of schedule i of bombay court fees act to contend that when court fee is not payable on claim petition/application filed before railway claims tribunal, the same cannot be demanded ..... that exemption available is to the passengers for personal injury while the case considered in 1991 maharashtra law journal was in relation to goods. ..... state of maharashtra reported at ..... state of maharashtra reported at .....

indumatiben Chimanlal Desai Vs. Union of India and anr.

Court : Mumbai

Reported in : AIR1969Bom423; (1969)71BOMLR340

..... now i come to the contention of the plaintiff that the suit would fall under article 23(f) of schedule ii to the bombay court fees act of 1959, because the subject-matter of the suit, according to the plaintiff, is not capable of being estimated in money value. ..... the next contention of the plaintiff is that the suit would fall under article 23 (f) of schedule ii of the bombay court fees act, 1959, which provides a fixed fee of rs. ..... 23(f) of schedule ii of the bombay court fees act, 1959. ..... shah appearing for the plaintiff contended before me that the present suit would fall either under section 6(iv)(d) first proviso or under article 23 (f) of schedule ii to the bombay court fees act, 1959. ..... i have no hesitation in coming to the conclusion that where the suit related to interest in land prior to the coming into force of the bombay court fees act, 1959, it would have fallen under section 7(iv)(c) of the court fees act, and would have been valued in accordance with sections 3 and 4 of the suits valuation act, and if no rules were prescribed by the state government, the suit would have been valued in accordance with the value of the interest in land at the market rate prevailing ..... section 8 of the suits valuation act in its application to the state of maharashtra covers section 6(ix) of the bombay court fees act. ..... section 4 of the suits valuation act as applicable to the state of maharashtra expressly makes the said section applicable to suits falling under art. .....

Harsha Pradeep Patil Vs. Sayankabai Ragho Patil and Others

Court : Mumbai Aurangabad

..... the government of maharashtra has recently announced a policy with a view to promote the welfare of the women; and whereas, the same welfare policy for women, inter alia, provides for exemption of court fees for women litigants in cases relating to maintenance, property right, violence and divorce; and whereas, section 46 of the bombay court fees act, 1959 (bom. ..... forests department mantralaya, bombay 400032, dated 23rd march, 2000 bombay court fees act, 1959. no. s. ..... - in exercise of the powers conferred by section 46 of the bombay court fees act, 1959 (bom. ..... bombay court fees act, 1959 ..... 1959), empowers the state government by notification in the official gazette to reduce or to remit any of the fees mentioned in the first and second schedules to that act; now, therefore, in exercise of the powers conferred by section 46 of the bombay court fees act, 1959 ..... xxxvi of 1959), the government of maharashtra hereby remits the fees payable by women litigants on any the plaints, applications, petitions, memorandum of appeals or any other documents specified in the first and second schedules to the said act, to be filed in any civil, family or criminal courts in respect of cases relating to (a) maintenance, (b) property disputes (c) ..... the following point:- "whether a woman litigant who files a petition for grant of probate of a will is exempted from payment of court fees as per government notification dated 1st october, 1994 duly amended by an explanatory notification dated 23rd march 2000?" 6. .....