Court : Gujarat
Reported in : (1994)1GLR237
..... re: contention (d).in the appeal of the state of maharashtra arising out of the bombay court-fees act, 1959, the high court has struck down the impugned provisions on the ground that the levy of court-fee on proceedings for grant of probate and letters of administration ad valorem without the upper limit prescribed for all other litigants-the court-fee in the present case amounts to rs. ..... section 29 of the bombay court fees act provides for the payment of court fees in respect of probate and letters of administration which reads as follows:29. ..... thus, the succession certificate which the petitioner is ordered to be issued is required to be issued subject to the court-fees under item 11 of the schedule and that fees is the same as per article 10 and the proper court-fees payable is ad valorem fees depending on the value of the subject-matter of the probate or succession certificate.6. ..... it is contended that under article 1 regarding proper fees on plaint or memo of appeal, there is a similar provision of ad valorem fees and the proviso to article 1 reads as under:provided that maximum fees leviable on a plaint or memo of appeal or cross-objections shall be rs. ..... (2) the grant of probate or letters of administration shall not be delayed by reason of any report made by the collector under section 28, sub-section (3).4. ..... certificate under part x of the indian succession act, 1925. ..... under column nos. .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(2)BomCR267; 1982MhLJ607
..... the argument of the counsel for the respondent and the learned government pleader who adopted the same arguments that under section 6(xi) of the bombay court fees act the suit should be valued according to amount of consideration for conveyance, does not seem to be justified. ..... therefore, under section 6(j) of the bombay court fees act the suit is properly valued and court fees paid is proper. ..... interest in the land and building, and execute all relevant documents therefore in accordance with the agreement executed under section 4 and if no period for the execution of the conveyance is agreed upon he shall execute the conveyance within the prescribed period and also deliver all documents of title relating to the property which may be in his possession or power.section 12(1) every person who has executed an agreement to take a flat shall pay at the proper time and place the ..... 1 failed to perform the obligations under the agreement as well as under the maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) act, 1963 (herein referred to as the said act) and failed to pay the water charges though the payments were overdue. ..... the appellant is a registered co-operative society by name vrindavan (borivali) co-operative housing society limited, which was formed on march 4, 1978. .....
Tag this Judgment!Court : Mumbai
Reported in : (1968)70BOMLR407
..... on behalf of the claimants, reference was made to sections 12 and 19 of the act of 1952 and it is urged that in view of these provisions, the arbitrator determining the amount of compensation under section 8 of that act is not a civil court, nor does he enjoy all the powers of a civil court, hence the award made by the arbitrator would not be an order as contemplated by section 7(1) of the bombay court-fees act, 1959, in any case, it would not have the force of a decree, it would not be an executable order and in order to enforce such an award a suit will ..... high court.as already indicated, on a proper construction of section 7(1) of the bombay court-fees act of 1959, there seems to be no justification for interpreting the expression 'order' as meaning 'an order having the force of a decree'. ..... 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. ..... rane contends that there is no justification for holding that the expression 'order' in section 8 of the court-fees act of 1870 and in section 7(1) of the 'court-fees' act of 1959 must be an order having the force of a decree, as denned by section 2(14) of the code of civil procedure. ..... 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. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom474; 2000(4)ALLMR389; 2000(3)BomCR813; (2000)3BOMLR408; 2000(4)MhLj228
..... '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. ..... 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, therefore, in exercise of the powers conferred by section 46 of the bombay court fees act, 1959 (bom. ..... i say that the expression property in the said notification must be limited to the property of the matrimonial and maternal homes of the women.'4. ..... all these judgments and orders have been given during this intervening period and have remained and are beingfollowed in different courts including this court whenever such controversies are coming before the court. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR540
..... according to the office as also the counsel for the respondents, proper court fee payable would be ad valorem as provided under article 3 read with article 1 of the bombay court fees act, 1959 on the value of the subject-matter of the award. ..... learned counsel for the petitioners however submitted that the provisions of section 8 of the general clauses act were not brought to the notice of the division bench and had the provision been brought to its notice and considered by it, the division bench would not have held that an application under section 34 of the arbitration act, 1996 was not excluded under article 3 of the bombay court fees act.12. ..... he further submitted that the observations made in paras 7 and 1.0 of the judgment of the division bench that an application under section 34 of the arbitration act, 1996 would attract court fee under article 1 of schedule-i to the bombay court fees act were not the ratio decidendi but were in the nature of obiter dicta.7. ..... it is only where the parties do not agree for the continuation of the previously instituted proceedings in accordance with the provisions of the arbitration act, 1996 that a limited provision has been made for saving the existing pending arbitration proceedings.18. ..... learned counsel submitted that the matter is covered by a decision of the division bench of this court rendered in (maharashtra industries development corporation v. ..... state of maharashtra) 2007(2) bom.c.r. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom66; (1968)70BOMLR359; 1968MhLJ593
..... 6(iv)(j) of the bombay court-fees act, 1959, and they paid a fixed court-fees of rs.30 under the said section. ..... 213) that the suit would be governed by section 6(iv)(j) of the bombay court fees act, 1959, the learned judge stated that, since what the plaintiffs sought was a declaration relating to statutory tenancy, it could not be said to be a declaration in respect of the nature of their tenancy of any immoveable property. ..... zaiwalla khas rightly contended, and that the same is not susceptible of monetary evaluation and is governed by section 6(iv)(j) of the bombay court-fees act, 1959. ..... that leaves for my consideration only the question as to whether this is a suit which is otherwise provided for by the bombay court-fees act, 1959. ..... reported in : air1944bom267 one of the questions which arose was what was the article of the limitation act which would govern a suit by a creditor under section 53 of the transfer of property act. ..... some other decisions were also referred to in the course of the arguments before me in this case, but it is unnecessary for me to deal with any of them, except the decision of the supreme court in the case of state of maharashtra v. ..... in considering the applicability of article 91 of the limitation act, 1908, which applies to suits to cancel or set aside instrument, it was observed in the judgment of the division bench delivered by gajendragadkar, j. ..... 120 of the indian limitation act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1971Bom283; (1971)73BOMLR341; ILR1971Bom493
..... section 8 is as follows:--'where in suits other than those referred to in paragraphs (v), (vi) and (x) and clause (d) of paragraph (xi) in section 6 of the bombay court-fees act, 1959 (bombay act xxxvi of 1959) court-fees are payable ad valorem under the bombay court-fees act. ..... therefore, this suit for possession of such land would fall within the purview of section 6(v)(b) of the bombay court-fees act, 1959. ..... one class of suits are those suits which are referred to in paragraphs (v), (vi), (x) and clause (d) of paragraph (xi) in section 6 of the bombay court-fees act, 1959. ..... under section 3 of the suits valuation act, the government may make rules for determining the value of land for purposes of jurisdiction in the suits mentioned in paragraphs (v) and (vi) and clause (d) of paragraph (xi) in section 6 of the bombay court-fees act. ..... (x) and clause (d) of paragraph (xi) in section 6 of the bombay court-fees act, are concerned. ..... for the suits which are not included in the above paragraphs and the court-fees are payable ad valorem under the bombay court-fees act of 1959, the value as determinable for the computation of the court-fees and the value for purposes of jurisdiction shall be the same. ..... under section 8 of the (maharashtra) suits valuation act, one class of suits have to be paid court-fees according to what is mentioned there. ..... we will have to look at section 8 of the suits valuation act applicable to our state of maharashtra. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)ALLMR388; 2004(3)MhLj290; 2004(supp.2)BomCR891
..... , the question which fell for consideration before the division bench was on the point of court fee when the plaintiff filed a suit for possession of the house, claiming that the defendant is in possession as a licensee and, therefore, the question before the court was: whether the court fee is payable under section 7(v)(a) of the bombay court fees act. ..... court fees act, central act is not applicable to the state of maharashtra as now there is a special statute for the state of maharashtra ..... property sought to be protected from attachment with or without sale or the fee of sixty rupees, whichever is less:provided further that, whenever the defendant is or claims under or through a limited owner, the amount of fee shall be one third of such ad valorem fee, subject to the minimum fee specified above: provided also that, in any of the cases, falling under this clause except its first proviso, when in addition any consequential relief ..... the suits valuation act as also the bombay court fees act, 1959 are in the nature of taxing statutes and a consistent view has been taken by the apex court that while interpreting the provisions of such ..... 3 and 7 of malabar hill division and that under the registered indenture of lease dated 23/1/1960 a lease was created in favour of the plaintiff for a period of 15 years and therefore, the plaintiff had prayed for a declaration that the notice dated 31/5/1968 was null and void, illegal and not binding ..... was not entitled to claim refund of the same. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)BomCR184
..... further contention that the valuation of the relief asked for in the suit and taking into consideration the provisions of suit valuation act and the bombay court fees act it is apparent that the relief sought for was for restoration of the premises claimed by the respondent as a lessee who has claimed to have been illegally dispossessed from the leased premises and that being so, provisions of section 33 of the maharashtra rent control act 1999 were clearly attracted and on that count also the ..... on the other hand the learned advocate for the respondent has submitted that in a suit under section 6 of the specificic relief act what is relevant to be seen is whether the plaintiff was in possession prior to the date of his dispossession from the suit premises as has been claimed by him in the plaint and whether the suit has been filed within the period of limitation prescribed under the law and question of character of possession or the right of the party to be in possession are of no importance ..... and merely because certain facts are pleaded in that regard or brought on record they could be of any consequence in the matter and the same can not be a justification to deny the right which the plaintiff is entitled to exercise in terms of section 6 of the specificic relief act. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998ACJ965; 1998(4)ALLMR676; 1998(2)BomCR593; (1998)1BOMLR593; 1998(2)MhLj73
..... 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. ..... is had to sub-rule (3) of rule 257 of the maharashtra motor vehicles (second amendment) rules, 1996 the claims tribunal can very well exempt an applicant from payment of the fee payable on every application for compensation under section 166 of the motor vehicle act, 1988. ..... government notification of 1st october 1994 does not come to the rescue of the petitioner claimants, the ex-officio member of the motor accident claims tribunal should have granted exemption under sub-rule (3) of rule 257 of the maharashtra motor vehicles (second amendment) rules, 1996 and ought to have registered the claim petition.18. ..... issued by the government of maharashtra is as under :'maharashtra state gazetterevenue and forest departmentmantralaya, bombay - 400032date : 1-10-1994 bombay court fees act, 1959no. s.t.p. ..... rule (3) of the rule 257 of the maharashtra motor vehicles (second amendment) rules, 1996, is as under :'the claims tribunal may exempt an applicant from payment of the fee payable under sub-rule (1). ..... the husband the widow has filed the claim petition under section 166 of the motor vehicle act 1988, for grant of compensation. .....
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