Court : Mumbai
Reported in : 2008(2)ALLMR166; 2008(1)MhLj249
..... are justified in contending that they would be liable to pay court-fees as provided under article 13 of schedule ii of the bombay court-fees act, 1959. ..... liable to pay court-fees in terms of article 13 of schedule ii of the bombay court-r fees act, 1959.6. ..... order of the taxing officer the learned single judge held that the applicants were liable to pay court fees in terms of article 13 of schedule ii of the bombay court fees act. ..... appellants submitted that these objections were unfounded and in fact the appellants were liable to be taxed under clause (c) of article 13 of schedule-ii to the bombay court fees act, which reads as under:-------------------------------------------------------------------------------------13. ..... learned advocate zealously resisted the compliance to the objections raised by the registry, not only in order to save his client, government of maharashtra, from the liability to pay additional court fees, but also to draw our attention to the administrative directions followed by the registry, which is needed rectification. ..... | than the high court, or to |is not from, a decree or | any revenue court or | an order having the | executive officer other than |force of a decree and is | the high court or chief ..... judge was disposing of a chamber summons which raised an objection to the decision of the taxing officer on the original side of the high court. ..... authority; || b) to the chief controlling |[ten rupees]| executive or revenue || authority; || c) to the high court. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(2)ALLMR204; 2006(1)BomCR672; 2005(4)MhLj1108
..... the first day of september, 1870, within the territories which at the said date were subject to the lieutenant-governor of bengal or within the local limits of the ordinary original civil jurisdiction of the high courts of judicature at madras and bombay; and(b) to all such wills and codicils made outside those territories and limits so far as relates to immovable property situate within those territories or limits; and(c) to all wills and codicils made by ..... the question whether the legality of the will can be decided by the executing court and whether the petitioner's case comes under the scope of section 47 of the code of civil procedure because the petitioner's prayer for grant of the share under registered will of his father is necessary for discharge and satisfaction of ..... the executing court held that there is no compliance of section 213 of the indian succession act, 1925, which requires that no right can be established in any court of justice unless a court of competent jurisdiction grants probate of the will under which ..... have to pay requisite court fees if any court fees are due from him. ..... was executed in kolhapur in respect of property which does not fall in the limits of area covered by the ordinary original jurisdiction of this court and therefore, it is not covered by section 213 of the indian succession act, 1925. ..... similar view has been taken by this court in kantabai's case (supra) where it was concerned with a will executed at jalgaon in respect of ..... of maharashtra, : .....
Tag this Judgment!Court : Delhi
..... . so far as the bombay act was concerned, the state of maharashtra came up in appeal against the judgment of the division bench of the bombay high court affirming the order of the learned single judge striking down the provisions of section 29(1) read with entry 10 of schedule i of the act in so far as they purported to prescribe an ad- valorem court fee, without any upper limit, on grants of probate, letters of ..... .) according to the amount at which the relief sought is valued in the plaint or fixed court fee page 246 of 531 when one filed thousand before ..... discussion is relevant to understand the indian reality, which is the delhi reality as well, that for several, any additional financial burden in the nature of enhanced court fee would completely shut out legal remedy for relief and redressal.614 ..... . where the plaintiff indicted too high an amount in the claim form, the court fees may ..... .(c)no.4770/2012 page 171 of 531 purpose of the amendment by the delhi rent control (amendment) act, 1988 was stated as under: the delhi rent control act, 1958 (59 of 1958) which came into effect on 9th february, 1959, provides for control of rents and lodging houses and for the lease of vacant premises to the government within the union territory of ..... noteworthy in this regard: when dealing with a question of court fee, the perspective should be informed by the spirit of the magna carta and of equal access to justice which suggests that a heavy price tag on relief in court should be regarded as unpalatable .....
Tag this Judgment!Court : Delhi
..... . so far as the bombay act was concerned, the state of maharashtra came up in appeal against the judgment of the division bench of the bombay high court affirming the order of the learned single judge striking down the provisions of section 29(1) read with entry 10 of schedule i of the act in so far as they purported to prescribe an ad- valorem court fee, without any upper limit, on grants of probate, letters of ..... .) according to the amount at which the relief sought is valued in the plaint or fixed court fee page 246 of 531 when one filed thousand before ..... discussion is relevant to understand the indian reality, which is the delhi reality as well, that for several, any additional financial burden in the nature of enhanced court fee would completely shut out legal remedy for relief and redressal.614 ..... . where the plaintiff indicted too high an amount in the claim form, the court fees may ..... .(c)no.4770/2012 page 171 of 531 purpose of the amendment by the delhi rent control (amendment) act, 1988 was stated as under: the delhi rent control act, 1958 (59 of 1958) which came into effect on 9th february, 1959, provides for control of rents and lodging houses and for the lease of vacant premises to the government within the union territory of ..... noteworthy in this regard: when dealing with a question of court fee, the perspective should be informed by the spirit of the magna carta and of equal access to justice which suggests that a heavy price tag on relief in court should be regarded as unpalatable .....
Tag this Judgment!Court : Delhi
..... the bombay high court in the maharashtra state electricity (supra) considered, inter alia, whether wheeling charges could be characterized as fee for technical services. ..... dial, learned senior counsel for dtl, at the outset pointed out that the judgment of the bombay high court in maharashtra state electricity distribution co. ..... sawhney spent considerable time distinguishing the judgment of the bombay high court in maharashtra state electricity distribution co. ..... in the order dated 8th december 2010, dismissing the appeal, the cit(a) agreed with the contention of dtl that section 194c of the act would apply since electricity was goodsas defined under section 2 of the sales of goods act and in terms of the contract, pgcil was in fact transporting such goods to dtl. ..... explanation 2 of clause (vii) of sub-section (1) of section 9 reads as under: (vii) income by way of fees for technical services payable by- (a) the government; or (b) a person who is a resident, except where the fees are payable in respect of services utilized in a business or profession carried on by such person outside india or for the purposes of making or earning any income from any source outside india; or explanation 2-for the purposes of this clause, fees for technical services means any consideration (including any lump sum consideration ..... some relief was granted as far as the calculation of interest payable. .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(5)BomCR1; 2000BomCR(Cri)1
..... , contending that by demanding and recovering the above said amounts from time to time, the accused collected illegal amount and therefore, they were guilty of committing the offence under section 3 r/w section 7 of the maharashtra educational institutions (prohibition of capitation fees) act, 1987 (hereinafter referred to as the said act for short). ..... therefore, giving a literal meaning to a word used by the draftsman, particularly in a penal statute, would defeat the object of the legislature, which is to suppress a mischief, the court can depart from the dictionary meaning or even the popular meaning of the word and instead give it a meaning which will advance the remedy and suppress the mischief. ..... - deelip balrang bedekar was studying in the little flower high school which is run by saint francis de sales education society (hereinafter referred to as the education society for short) which is a public trust, registered under the bombay public trusts act.3. ..... first part would be where the government on receipt of a complaint or otherwise is satisfied that the management of any institution or any person who is incharge or responsible for the management of such institution has contravened the provisions of the act or the rules made thereunder, may after giving a reasonable opportunity of being heard, direct such institution or person responsible to refund the capitation fee collected in contravention of the act and on its failure or his failure to do so, direct refund of such amount .....
Tag this Judgment!Court : Mumbai
..... (2) nothing contained in sub-section (l) shall apply to suits or proceedings for the recovery of possession of any immovable property, or of licence fee or charges or rent thereof, to which the provisions of the bombay rents, hotel and lodging house rates control act, 1947, the bombay government premises (eviction) act, 1955, the bombay municipal corporation act [the maharashtra housing and area development act, 1976 or any other law for the time being in force, apply. ..... section 33 of the maharashtra rent control act, 1999 read with section 28 of the bombay rents, hotel and lodging rent control act, 1947 (bombay rent control act) provides for exclusive jurisdiction of court of small causes, bombay. ..... " therefore, where it is a suit or proceedings between licensor and licensee or between a landlord and a tenant and that the suit or proceedings relates to recovery of possession of any immovable property situated in greater bombay or is relating to the recovery of the license fee or charges or rent therefor, the jurisdiction of regular competent civil court is ousted and only court of small causes at bombay shall have jurisdiction. ..... plaintiffs further say that the defendants are trying to wriggle out of their obligations as owners of the property leased to the plaintiffs' predecessors in title pursuant to consent terms in high court suit no.431 of 1969. .....
Tag this Judgment!Court : Mumbai
..... the appropriate court fees is paid on the declaratory reliefs under section 6(iv)(j) of the maharashtra court fees act as the declarations are not susceptible to monetary value and it is to be valued for rs.1,000 ..... was held that where the suit is for declaration and consequential relief of possession and injunction, then the court fees is governed by section 7(iv)(c) of the said act. ..... the said suit relying on section 18 of the bombay court fees act, which states about multifarious suits wherein ad-valorem fees is to be charged separately on each of such subjects, the court directed the plaintiffs to pay separate court fees of rs.1 crore each. ..... rupees and pending before the high court immediately before such commencement, shall stand transferred to the concerned district court and such district court may deal with such appeal from the stage which was reached before such transfer or from any earlier stage or de-novo as such court may deem fit: provided that, this section shall not apply to any appeals which are pending before the high court, which are statutorily provided under ..... the description and valuation of the properties are specified in schedule (i) to (iii) of the plaint, where the plaintiff prays that the sale deeds and gift deeds are to be declared as void and not binding on ..... way of rejoinder, mr.pai, the learned counsel for the appellants, has submitted that section 11 is not applicable to this appeal from order but it is in respect of an appeal where a final decree is passed. .....
Tag this Judgment!Court : Mumbai
Reported in : (1976)78BOMLR704; 1976MhLJ576
..... ultimately it was held that section 28 of the bombay rents, hotel and lodging house rates control act, 1947, does not deprive the high court of its jurisdiction in all suits for possession where ever the defendant takes up the contention that he is a tenant. ..... those cases arose under the maharashtra co-operative societies act under section 91 and other sections and did not raise the question which arises for consideration in the present case.40. ..... , india : (1959)61bomlr1087 that the jurisdiction of the court should ordinarily be determined at the time of the institution of a suit when the plaint is filed, that the plea of the defendant will not determine or change the forum and that in order to decide whether a suit comes within the purview of section 28 what must be considered is what the suit as framed in substance is and what the relief claimed therein is. ..... 7,35o and, therefore, directed the plaintiff to make good the deficit of court-fees on the basis of that valuation. ..... by his written statement the defendant denied that he was in occupation of only one room and that too as a paying guest. .....
Tag this Judgment!Court : Karnataka
..... bombay court fees act and its constitutionality also fell for consideration and the ruling of the high court of bombay was upheld by the supreme court that the different rate of fee prescribed for grant of probate and for granting relief in suits with an upper limit of court fee ..... liable to be struck down in view of the ratio of the decision of the supreme court upholding the, decision of the bombay high court striking down the provision of the maharashtra court fees act prescribing a court fee higher than for the suits, in respect of proceedings for grant of probate or letters ..... with the decision of the supreme court in aswathanarayana setty's case and drawing a comparison between the provisions of the bombay court fees act and the act have built an argument of discrimination in the matter of payment of court fee on probates or letters of administration to be issued where the market value of the deceased ..... bench of the patna high court as to the interpretation of section 54 of the court-fees act (corresponding to section 19(1) of the act considered by that bench ..... provision and the entries in the schedule to the act, it appears to me that the intention of the legislature is to levy only ad valorem court fee at 10% and that half of it should be paid in the first instance, and that too only when there is a caveat and the application is contested and the other half should be paid only when the application is granted and that part of the court fee has to be used for issuing the probate .....
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