Judgment Search Results Home > Cases Phrase: bombay court fees amendment act 2008 maharashtra Page 1 of about 27,969 results (0.214 seconds)

Raju Dakru Bawane and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2008(5)ALLMR603; 2008(6)MhLj76

..... maharashtra municipal corporations and municipal councils (amendment) act, 2008 which came into force on 12-5-2008 reads thus:in section 9aa of the city of nagpur corporation act, 1948 both the provisos shall be deleted.clause (6) of the amending act of 2008 is re-produced as under:for the removal of doubt, it is hereby declared that the election to a reserved seat to the municipal corporations or municipal councils; before the date of coming into force of this act, shall be regulated by the relevant provisions of the mumbai municipal corporation act, the bombay ..... provincial municipal corporations act, 1949, the city of nagpur corporation act, 1948, or as the case may be, the maharashtra municipal councils, nagar panchayats and industrial ..... the decision of the apex court reported in : air2001sc3982 , shri sant sadguru janardhan swami (moingiri maharaj) sahakari dugdha utpadak sanstha and anr. v. .....

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 ..... posed by the division bench, are in the appeals filed before this court, arising from the judgment and decree or order passed by the subordinate court in suit/proceedings instituted prior to 02.04.2008 before coming into force of the court fees (madhya pradesh amendment) act, 2008 (no.6 of 2008). ..... films exchange limited, air 1960 sc 980 has application to article 1-a of schedule i to the court fees act, 1870 as amended by court fees (madhya pradesh amendment) act, 2008? 3. m.a. ..... viewed from the prism of article 14 of the constitution of india, if a person files the original suit/proceeding before the trial court after coming into force of the amendment act on 02.04.2008, gets the advantage of the provision of upper limit of court fees. ..... that background, the appellant claims that since the cause to present the appeal before this court arose after coming into force of amendment act of 2008, which is more beneficial legislation to the appellant, providing for upper limit of court fees to be paid on the memorandum of appeal, the appellant cannot be charged court fees on the basis of unamended provisions. 6. .....

Krantikari Kamgar Union Vs. Labour and Enforcement Officer and ors.

Court : Mumbai

Reported in : 2008(6)BomCR55; [2008(119)FLR654]; 2008(5)MhLj566

..... finally, the attention of the court was also drawn to the fact that on 19th may, 2008 a communication has been addressed to the registrar of trade unions of a formal amendment having been made to the constitution of the petitioner in pursuance of a general meeting of the union held on 12th may, 2008 specifically incorporating the provision that the activities of the union would extend all over the territory of india.3. ..... the first respondent has relied upon certain documents which were produced in pursuance of an application under the right to information act, 2005 in order to hold that the petitioner is registered only for the state of maharashtra and is not registered as a union operating in more than one state.2a. ..... the first respondent has held that the registration certificate issued by the registrar of trade unions, mumbai to the petitioner was under the bombay trade unions regulations 1927 and not under the central trade unions regulations 1938. ..... the first respondent held that the registration certificate issued by the registrar of trade unions, mumbai was under the bombay regulations and not under the central government regulations of 1938. ..... in fact, it was urged that as a consequence the then government of bombay appointed the registrar of trade unions for the state of bombay to be the registrar of trade unions also in relation to those unions whose objects were not confined to and whose head office is situated in the then state of bombay. .....

Gopinath Mukherjee Vs. Uttam Bharati

Court : Kolkata

Reported in : AIR2009Cal58

..... in fact when the said order was passed by this court, it escaped the notice of this court that the-provisions contained in order xva of the code of civil procedure was introduced by the high court amendment at bombay and as such the said provision is not applicable to any other state apart from the state of maharashtra.9. ..... sunil pal reported in (2008) 1 wblr (cal) 706 wherein i held that in a suit by a lessor or licensor for evicting a lessee or a licensee, the defendant may be directed to deposit such amount equivalent to arrear rent or licence fees accrued up to the date of the order, within such time as the court may fix and such defendant may also be directed to continue to deposit rent and licence fees for each succeeding month during the pendency of the suit as per the provision ..... in my view, in a suit for eviction of a tenant under the transfer of property act on termination of relationship of landlord and tenant by service of notice under section 106 of the transfer of property act upon the tenant, there is no provision under which a tenant can be permitted to deposit the arrear rent in such a suit. ..... in order to attract the provision under section 114 of the transfer of property act, there must be a registered lease for a fixed period between the lessor and the lessee and if the suit is filed for recovery of possession by the lessor on the ground of forfeiture of the lease for non-payment of .....

Indian Organic Chemicals Ltd. Vs. Chemtex Fibres Inc.

Court : Mumbai

Reported in : (1981)83BOMLR406; 1982MhLJ698

..... indian organic chemicals ltd, (hereinafter referred to as the 'plaintiff') has sought a declaration that the bombay court fees (second amendment) act, 1974 be declared as ultra vires the powers of the state legislature and, therefore, null, void ..... reached the above conclusion, it is clear that this court is not really called upon to go into the figures annexed to the various affidavits and to decide whether in august 1974 at or before the time of introduction of the said bill which fructified into the impugned act, the state of maharashtra had satisfied itself that enhancement in the levy of court-fees had become necessary by reason of increased cost of ..... ceiling of court fees in the state of bombay (as also in successor state of maharashtra). ..... executive (or one minister) are established and at least a very strong case had been made out in respect thereof by the plaintiff, this is not sufficient to upset the legislative mandate contained in the amending act of 1974 duly enacted by both houses of the maharashtra legislature by necessary majority. ..... in- sur-rejoinder also annexes a copy of confidential letter dated november 29, 1975 addressed by the registrar, high court, appellate side, to the secretary, government of maharashtra, law and judiciary department drawing attention to the decision of the supreme court in zenith lamps' case (supra) and specially pointing out that the question of enhancing court-fees was required to be related to the cost of administering civil justice only. .....

Laxmidas N. Madhvani Vs. Madhvani Private Ltd.

Court : Mumbai

Reported in : (1986)88BOMLR308

..... the plaintiffs insist that section 6(iv)(/) of the bombay court-fees act, hereinafter referred to as 'clause (j)', applies and in view or the provisions contained in section 8 of the suits valuation act, as amended by maharashtra act iv of i960, the value of the court fee and jurisdiction will be the same. ..... 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.8. ..... the division bench undoubtedly distinguished chhotalal's case (supra) by holding that that case was based upon section 7(iv)(c) of the court-fees act, 1870, a central act, and section 8 of the said act as amended by bombay finance act, 1956. ..... a suit for a declaration that the allotment 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 .....

Kishore Premlal Dalaya and ors. Vs. Akali Premaji and ors.

Court : Mumbai

Reported in : AIR1974Bom133; (1973)75BOMLR604

..... i, therefore hold that as regards court-fees, the present suit continues to be governed by section 6(iv)(i) of the bombay court-fees act, 1959, as it stood prior to its amendment by maharashtra act 9 of 1970, and the view taken by judge suresh that the present suit is governed by the new clause (iv) (ha) of section 6 of the bombay court-fees act, 1959, is erroneous, if the plaintiffs' averment in the plaint that the relief claimed in it is incapable of monetary valuation be correct and is accepted by the court. 5. mr. ..... in point of fact, the said plaint was, however not returned and remanded to be returned to the plaintiffs when the amendments effected in the bombay court-fees act, 1959 as well as in the suits valuation act, 1887, by maharashtra act 9 of 1970 came into force. ..... appeal which was dated 5th april 1971, whereby he held that the present suit was governed by the provisions of section 6(iv)(ha) of the bombay court-fees act, 1959, as amended; that under section 8 of the bombay court-fees act, 1959, the valuation and determine the correct valuation of a suit; and that section 6(iv)(ha) of the bombay court-fees act only enabled the plaintiff to pay court-fees on one-fourth of the value of the property, but the value of the suit for the purposed of jurisdiction must necessarily be the .....

Tukaram Pandurang Gaikwad Vs. Smt. Hababi Eabumiya Shaikh and ors.

Court : Mumbai

Reported in : (2000)102BOMLR654

..... it may be pointed out that thereafter the legislature passed a separate act called bombay civil courts (amendment) act, 1984 (maharashtra act no. ..... a perusal of the judgment by justice lodha does not show that the provisions of section 3 of the bombay civil courts (amendment) act, 1984 (maharashtra act no. ..... however, so far as bombay civil courts (amendment) act, 1998 (maharashtra act no. ..... state of maharashtra : 1995crilj517 the apex court considered the ambit and scope of an amending act and its retrospective operation with reference to clauses (b) and (bb) of sub-section (4) of section 20 of the terrorist and disruptive activities (prevention) act (28 of 1987), as amended by act 43 of 1993. ..... section 26 was again amended in the year 1977 by maharashtra civil courts (enhancement of pecuniary jurisdiction and amendment) act (46 of 1977), whereby the amount or valuation mentioned in section 26 was raised from rs. ..... 15.000/- for the purpose of court fee and jurisdiction. ..... 43.460/- for the purpose of court fee and jurisdiction.2. ..... 15.000/- for the purpose of court fee and jurisdiction, the appeal had to be heard by the concerned district court and not the high court. .....

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

..... 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 ..... under the circumstance, the matter is remitted back to the ex-officio member of the motor accident claims tribunal with direction to give the benefit of exemption as contemplated in sub-rule (3) of rule 257 of the maharashtra vehicles (second amendment) rules, 1996, if the facts and circumstances of the present case justify such exemption. ..... if regard 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. ..... in genuine cases the claims tribunal should be more activist in granting benefits of exemption in the matter of payment of court fees, as contemplated in sub-rule (3) of rule 257 of the maharashtra motor vehicles (second amendment) rules, 1996. .....

Shivlal Khupchand Shop Vs. Trimbak Kashinath Raktate and ors.

Court : Mumbai

Reported in : AIR1976Bom226; (1976)78BOMLR358; 1976MhLJ354

..... we hold that the plaintiff was liable to pay court-fees in respect of the present suit under article 4 of schedule i read with the first proviso to section 6(iv)(d) of the bombay court-fees act, 1959, and that the excess court-fees paid should be refunded to him.26. ..... it would thus appear that a suit filed under order xxi, rule 63, is in effect a suit to set aside an order which has the force of a decree and, therefore, article 4 of schedule i of the bombay court-fees act of 1959 is the only appropriate article for a suit of the present type. ..... that being the position, section 6(iv)(j) of the bombay court fees act of 1959 has no application to a suit of the type with which we are dealing.19. ..... 'that was the position when the suit was filed but after the amendment by maharashtra act 9 of 1970, for the expression 'thirty rupees', the following words have been substituted' 'ad valorem fee payable, as if the amount or value of the subject-matter was three hundred rupees.'18. ..... after that retransfer on 10-12-1951, the plaintiff made an application to the executing court for amending his darkhast so as to include a prayer for attachment and sale of 11 properties. ..... that was because the decision of the trial court dismissing the amendment application was arrived at only on an interpretation of the repeal of the d. a. r. ..... section 6(iv)(j) as amended is to this effect:-'........... .....