Judgment Search Results Home > Cases Phrase: bombay court fees act 1959 maharashtra section 31 sections 5 and 40 not to apply to probates or letters of administration Page 1 of about 658 results (0.266 seconds)

Vidya Shivajirao Patil and Others

Court : Mumbai

Reported in : 1999(2)ALLMR615; 1999(3)BomCR787

..... 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 16 of the bombay court fees act, 1959 (bom. ..... the learned judge took the view that the notification, did not specifically refer to the applications or petitions for probate or letters of administration, such proceedings would be covered under that notification. ..... that was a case where the question raised before the court was as to whether the notification was intended to apply in relation to the applications or petitions for probate or petitions for letters of administration. ..... 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 right, violence and divorce. ..... this being the objective behind the notification, it is clear that it is meant to apply for controversies covering these four topics concerning women and where the women are the beneficiaries under the particular litigation. .....

M/s. Technofab Engineering Limited and Others Vs. Bharat Heavy Electri ...

Court : Madhya Pradesh

..... 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 advalorem without the upper limit prescribed for all other litigants the court fee in the present case amounts to rs.6,14,814 is discriminatory ..... the principle underlying this decision would apply on all fours for considering the argument as to whether the litigating public in the state of madhya pradesh must be compelled and strong-armed to pay court fee on ad valorem basis without any upper limit, even though remedy of appeal became available to them after coming into force of ..... plaint, written statement pleading a set-off or counter claim, or memorandum of appeal (not otherwise provided for in this act) presented to any civil or revenue court except those mentioned in section 3.when the amount or value of the subject matter in dispute does not exceed five lacs rupees.when such amount or value exceeds five lacs rupees but does not exceed ten lacs rupees.when such amount or value exceeds ten lacs rupees. ..... our opinion, the benefit of upper limit of court fees prescribed by the amendment act, must be applied uniformly to all litigants instituting their claim after 02.04.2008 be it in the form of plaint before the subordinate court or memorandum of appeal before the high court, as the case may be being beneficial court fee regime. 19. .....

Bhupendrakumar Narsinhbhai Patel Vs. State of Gujarat and anr.

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. ..... 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 is declared void. ..... (1) no order entitling the petitioner to the grant of probate or letters of administration shall be made upon an application for such grant until the petitioner has filed in the court a valuation of the property in the form forth in the third schedule, and the court is satisfied that the fee mentioned in no. ..... (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. ..... the petitioner applied for succession certificate and letters of administration on the death of his father. .....

Vrindavan (Borivali) Co-operative Housing Society Limited Vs. Karmarka ...

Court : Mumbai

Reported in : 1983(2)BomCR267; 1982MhLJ607

..... section 6(j) of the bombay court fees act states as follows:section '6(j) in suit when declaration is sought, with or without injunction or other consequential relief and the subject-matter in dispute is not susceptible of monetary evaluation and which are not otherwise provided for by this act; (ad valorem fee payable, as if the amount or value of the subject matter was three hundred rupees;)in reply to the said contention the government pleader as well as the advocate for defendant no. ..... 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. ..... 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 words used in the provisions of section 6 providing the contract of sale will apply only to such a contract and the present suit is also not a suit in the sense that specific performances of only a contract is sought. ..... 1 was called upon to attend the first constituted general meeting of the co-operative society and he also addressed a letter to defendant nos. .....

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

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 have to be filed. ..... it is true that section 7(1) of the bombay court-fees act of 1959 is not itself a charging section, it merely indicates the mode of valuation of the subject-matter of an appeal mentioned in that section and on the amount of such valuation court-fee shall be payable. ..... article 1 of schedule i would also not apply, because it is a residuary article and it would apply if no other article is applicable. ..... 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. .....

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

..... 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, 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, ..... also issued a notice calling upon all concerned to have their say in the matter and assistant government pleader appeared on behalf of the state and superintendent of stamps- after hearing all concerned, the learned judge observed as follows in paragraph 16:--'there is no indication anywhere in the notification showing that the notification is not intended to apply in relation to the applications or petitions for probate or letters of administration. ..... judge has taken a view on 18th february 1998 that court fees would not be payable (though that was also on the footing of the assistant government pleader conceding to that position).thus we have judgments covering different facets of property disputes such as suits for specific performance, summary suits, claims to the motor accident tribunal, claims seeking compensation for mental torture and probate petition and application for succession certificate, which have all held women .....

Municipal Corporation of Gr. Mumbai Vs. Joint Venture Angerlehner Mich ...

Court : Mumbai

Reported in : 2008(6)BomCR540

..... 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 ..... 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. ..... the division bench has held that on an appeal under section 37 of the arbitration act, the court fee is payable under article 1 of schedule i to the bombay court fees act as the case was covered by article 3 of schedule ..... 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. ..... section 8 of the general clauses act would therefore apply even in respect of article 3 to the bombay court fees act.14 ..... 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 .....

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

Court : Mumbai

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

..... 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. ..... 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. ..... 6(iv)(j) of the bombay court-fees act, 1959, and they paid a fixed court-fees of rs.30 under the said section. ..... it may 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. ..... sanghavi for the state that this suit is expressly provided for by article 1 to 7 of schedule i to the said act, but, i am afraid, there is no subtonic in that contention of mr.sanghavi, for the simple reason that both those article 1 of schedule i that it applies to cases of plaint or memorandum of appeal 'not otherwise provided for in this act' and in article 7 that it applies to any 'other' plaint etc. ..... 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. .....

Shantabai Vs. Kamlakant

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. ..... 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. ..... 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. ..... 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. .....

Shri Rajaram Bhagwati Tiwari and ors. Vs. the Municipal Corporation of ...

Court : Mumbai

Reported in : 2004(3)ALLMR388; 2004(3)MhLj290; 2004(supp.2)BomCR891

..... in the light of the said averments, this court came to the conclusion that the case would not fall under the provisions of section 6(iv)(j) but would be governed by article 7 of schedule i of the bombay court fees act and the plaintiff in the said case was bound and liable to pay the court fees accordingly. ..... chandulal chhotalal reported in [1946] 69 blr 552 is concerned, 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. ..... by virtue of the amendment to the 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. ..... 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 a statute) the provisions have to be complied with strictly.10. ..... all these aspects, therefore, have to be looked into for finding out whether section 6(iv)(j) applies or article 7 applies and that will have to be done by looking into the subject-matter so far as the former provision is concerned, and by looking to the substantive relief, so far as the latter provision is concerned. .....