Judgment Search Results Home > Cases Phrase: bombay court fees act 1959 maharashtra section 21 relief where too high a court Page 1 of about 4,376 results (0.738 seconds)

Ms.Nandanvan Co Operative Housing Society Ltd. Vs. and ors.

Court : Mumbai

..... counsel for the appellant that the reliefs claimed in the suit are required to be valued under the provisions of section 6(iv)(j) of the bombay court fees act, 1959 as those reliefs relate to the obligations to be performed by the defendants under the maharashtra ownership of flats act, 1963 (mofa). ..... the prayer (bi) squarely falls under sub clause (ha) of clause (iv) of section 6 of the bombay court fees act inasmuch as the appellant has claimed a relief that the contract for sale executed by respondent no.1 in favor of ..... the agreement executed by respondent no.1 therein in favour of other respondents in respect of property was invalid and bad in law was held to be not covered by the provisions of the mofa and the relief was required to be valued in consonance with the provisions of section 6(iv)(ha) of the bombay court fees act. ..... - 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 court-fees are payable ad valorem under the bombay court-fees act, 1959 the value as determinable for the computation of court-fees and the value for purposes ..... 287, 287/1 to 35 of village vile parle (east) and situated near bhuta high school, shahaji raje marg, vile parle (east), mumbai - 400 057 together with the building- a knows as nandanvan-a consisting of ground and three upper floors and building -b consisting ..... reading shows that court fee is to be paid on its market value that too at the date .....

Sumitradevi Mahipal Kureel Vs. State of Maharashtra and ors.

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. ..... advocate kaptan for state government contended that the appeal before high court is not regulated by railway claims tribunal act but by bombay court fees act. ..... 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. ..... state of maharashtra reported at 1997 m.l.j. ..... state of maharashtra reported at 1997 m.l.j. .....

Bhupendrakumar Narsinhbhai Patel Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (1994)1GLR237

..... (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. ..... 10 of schedule i of the bombay court-fees act, 1959 as applicable to gujarat suffers from the vice of violation of article 14 of the constitution to the extent it does not have an upper limit corresponding to that payable by the plaintiffs seeking decrees from the civil court and to that extent and effect, the provision ..... 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. ..... 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 against this, persons claiming probates have no such relief in the form of an upper limit to fee payable.this contention was accepted by the learned single judge who has upheld ..... indeed, where proceeding for grant of probate and letters of administration becomes a contentions matter, it is registered as a suit and .....

Jagjit Singh Sawhney Vs. Dewan Hukamchand

Court : Delhi

Reported in : ILR1970Delhi576

..... . the provisions of section 7(1) of the bombay court fee act which are similar to section 8 of the court-fee act, 1870 were considered this section provides that the amount of fee payable under this act on a memorandum of appeal against an order relating to compensation under any act for the time being in force for the acquisition of land for public purposes shall be computed according to the difference between the amount awarded and the amount claimed by the ..... . the supreme court further repelled the contention that before section 7(1) of the bombay court-fee act be attracted to an appeal, the order under appeal must have the force of a decree and observed:- 'thesection does not say ..... against the award, the special deputy collector, ahmednagar, filed an appeal in the high court of maharashtra and bhagade filed cross-objections whereon he affixed a court fee of rs ..... 5.00 which was payable under article 13 of schedule if of the bombay court-fee act, 1959 which is equivalent to article 11 of schedule ii of the court fees act, 1870 ..... .(5) sub-section (1) of section 28 of the specific relief act, 1963; provides that where in any suit a decree for specific performance of a contract for the sale or lease of immovable property has been made and the purchaser or lessee does not, within the period allowed by the decree or such further period as the court may allow, pay the purchase money or other sum which the court has ordered him to pay, the vendor or lesser may apply in the same suit in .....

Laxmidas N. Madhvani Vs. Madhvani Private Ltd.

Court : Mumbai

Reported in : (1986)88BOMLR308

..... as applicable to maharashtra, is as follows: -where in suits other than those referred to in paragraphs (v) and (vi) and clause (d) of paragraph (xi) of section 6 of the bombay court-fees act, 1939, the court fees are payable ad valorem under the bombay court-fees act, 1959, the value as determinable for the computation of court fees and the value for purpose of jurisdiction shall be the same ..... of shares in favour of the defendants is invalid without the further prayer that the shares be allotted to the plaintiffs is also not a suit covered by article 7 of schedule i of the bombay court-fees act, 1959;(4) in a suit for a declaration that the allotment of shares in favour of the defendants is invalid and for a consequential relief that the shares be allotted to the plaintiffs, the value of the shares will be the value of the subject-matter of the suit for the purpose of jurisdiction and ..... after going through the said judgment of the delhi high court i do not find that it is relevant at all to the question that is to be decided by ..... there is also provision in rule 2 of chapter xxxii of the bombay high court appellate side rules, 1960 empowering the court, on application, to allow two advocates to be heard on behalf of any one of the parties ..... file containing the original judgment has to be brought from the record room of the high court. ..... case that the allotment of shares is not a sale is in any way, and in fact could not be, impaired by anything that could be said by any high court.19. .....

Maria Philomina Pereira Vs. M/S. Rodrigues Construction a Partnership ...

Court : Mumbai

Reported in : AIR1991Bom27; 1990(2)BomCR77; (1990)92BOMLR164

..... enters into an agreement with any flat purchaser, containing provisions which are to be incorporated as provided under the said act, all such agreements must necessarily be held to be special agreements which can be enforced by filing suits where the valuation would be a notional valuation under section 6(iv)(j) of the bombay court-fees act, 1959. 7. ..... where the flat purchaser wants the promoter to comply with the requirements of the law and a suit is filed to enforce such obligations, may be arising out of an agreement as such, in my view such a suit would not fall within the scope of section 6(xi) of the bombay court fees act, 1959 ..... conclusion that the suit is essentially a suit for specific performance of a contract and that, therefore, the same has to be valued as provided under s.6(xi) of the bombay court-fees act, 1959, and in that event, the subject-matter of the suit will have to be valued according to the amount of the consideration of the agreement. 4. ..... flats act, the suit could not be said to be suit for specific performance of an ordinary contract of sale and that the relief which the plaintiff was claiming was enforcement of those obligations under the act and they were not susceptible of monetary valuation and that it was not otherwise provided for in the bombay court-fees act, 1959. ..... shall always be subject to the provisions contained in the maharashtra ownership flats act and the rules made thereunder. ..... however, this high court held that, in substance, as the plaintiff .....

Balgonda Appanna Parvate Patil Vs. Ramgonda Shivgonda Patil

Court : Mumbai

Reported in : (1969)71BOMLR582; 1970MhLJ641

..... section 8 of the suits valuation act, 1887, as amended by maharashtra act iv of 1960, reads as under:where in suits ether 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, court-fees are payable ad valorem under the bombay court-fees act, 1959, the value as determinable for the computation of court-fees and the value for purposes of jurisdiction shall be the same.it is clear from these provisions that the rule of valuation under section 8 cannot apply to a suit of which section 6(iv)(j) ..... argued that there was no law which compelled the plaintiff to value the suit in any particular way and if the plaintiff, who has the choice having regard to the nature of the suit and the reliefs which he wanted, thought it desirable that his case should be heard by a more experienced judge like the civil judge, senior division and, therefore, valued his suit so as to bring the suit within ..... , the madras and the calcutta high courts respectively went to the extent of laying down that if the over-valuation or under-valuation was patent on the face of the plaint, it is the duty of the court to which the plaint was presented to return it to the plaintiff to be presented to the proper court under order vii, rule 10. ..... view of the decisions of the bombay high court cited above, what the court has to decide is as to what is the proper valuation of the suit for jurisdiction and where the plaint should have been filed .....

Yasha Overseas Vs. Commissioner of Sales Tax and ors.

Court : Supreme Court of India

Reported in : 2008(7)SCALE117; (2008)8SCC681; [2008]15STT375; (2008)17VST182(SC); 2008(8)SCC681; 2008(3)Supreme693

..... court on the question whether the sale of depb would attract sales tax under the bombay sales tax act, 1959 ..... was defined in section 3 of the transfer of property act, 1882 as meaninga claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property, or to any beneficial interest in movable property not in the possession, either actual or constructive, of the claimant, which the civil courts recognize as affording grounds for relief, whether such ..... conclusion that the court proceeded to examine the matter in light of the observations made in anraj relating to lottery tickets and that too because the karnataka and madras high courts had heavily relied ..... maharashtra it was submitted that considering the valuable right conferred by the depb, it was an item of movable property and therefore 'goods' within the definition of the word in section 2(13) of the act ..... the definition clauses in chapter i where 'registered exporter' was defined to ..... section 2(28) as follows:'sale' means a sale of goods made within the state for cash or deferred payment or other valuable consideration, and includes any supply by a society or club or an association to its members on payment of a price or of fees or subscription, but does not include a mortgage, hypothecation, charge or pledge; and the words 'sell', 'buy' and 'purchase' with all their grammatical variations, and cognate expressions, shall be construed accordingly.schedule c of the bombay act .....

Jafferali Alibhai and anr. Vs. S.R. Dossa and Co. and anr.

Court : Mumbai

Reported in : AIR1969Bom66; (1968)70BOMLR359; 1968MhLJ593

..... 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 ..... the bombay court-fees act, 1959, and they paid a fixed court-fees of rs.30 under the said section. ..... 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. ..... my consideration only the question as to whether this is a suit which is otherwise provided for by the bombay court-fees act, 1959. ..... it may be mentioned that under section 7(iv)(c) of the court-fees act, 1870, in a suit to obtain a declaratory decree or order, where consequential relief was prayed for the plaintiff was entitled to pay court-fees according to the amount at which the relief was valued by him in the plaint, but section 8a of the same act provided that if the court was of opinion that the subject-matter of a suit had been wrongly valued, it could revise the valuation by holding the necessary inquiry for ..... be mentioned that the taxing master had, before proceeding with the reference directed a notice to be given to the state of maharashtra, and the state was represented by attorneys in the course of the hearing of the reference before the taxing master. ..... the decision of a division bench of our high court in the case of chhotalal kalidas v. .....

Pankuwarbai Wd/O Dalpatrao Mutha and Others Vs. Rameshchandra S/O Dalp ...

Court : Mumbai

Reported in : 1998(4)BomCR477; (1998)1BOMLR171; 1998(1)MhLj118

..... the relevant extract of notification issued under section 46 of the bombay court fees act, reads as under :'and whereas section 46 of the bombay court fees act, 1959 (chapter xxxv of act, 1959), the government of maharashtra hereby remits the fees payable by woman litigants on any of the plaints, applications, petitions, memorandum of appeals, or any other documents specified in the first and second schedules of the said act to be filed in any civil or criminal courts in respect of cases relating to (a) maintenance (b) property disputes (c) violence and (d) divorce.'12. ..... impugned order passed by the learned civil judge, senior division, aurangabad, is hereby set aside and the learned civil judge, senior division, aurangabad, is hereby directed to proceed with the matter, without insisting for court fees and to grant appropriate relief to the petitioner in the matter of grant of succession certificate promptly and in any event, within four weeks from today.the civil revision application is disposed of.certified copy expedited.16. ..... too technical approach not only mars the sacrosanct spirit but frustrates the very soul of the scheme, which has been declared and implemented by the government of maharashtra, giving certain benefits to woman litigants in the matter of payment of court fees.4. ..... shah of this high court in writ petition no. .....