Court : Mumbai
Reported in : AIR1974Bom133; (1973)75BOMLR604
..... 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 ..... amendment effected in clause (i) of section 6(iv) of the bombay court-fees act, 1959, by section 4 of the amending act would require the plaintiffs in the present suit to pay ad valorem court-fees, whereas section 6(2)(b) of the amending act provides in mandatory terms, without any qualification or requirement in regard to payment of additional court-fees, that in a case like the present one where the plaint though ordered to be returned to the plaintiffs for presentation to the proper court had not actually been returned in compliance with the order, the city court 'shall, without any further application, continue ..... 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 .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR648
..... iii licence in terms of such illegal circulars pertaining to the distance between the concerned restaurant on the one hand and the concerned religious or educational institution on the other hand could have no legal efficacy until a rule was framed amending rule 45 of bombay foreign liquor rules or the administrative instruction issued under section 139 of bombay prohibition act, 1949 was published in the official gazette. ..... the next question which arises for consideration of the court is as to whether the court must remand the matter to the collector for consideration of fresh application for regrant or renewal of the licence to be made by the petitioner or whether the court should straightway issue a writ of mandamus directing the authorities to regrant or renew the licence in favour of the petitioner on the petitioner paying the required fees payable for the licence for the period commencing from 1st april ..... in the affidavit of shri preetam laxman athavale, the under secretary to the government of maharashtra, home department, being affidavit dated 16th february 1993, it is admitted by the respondents that at least in two cases, fl iii licences were granted even though the restaurants concerned were situate within the distance of 75 metres from the religious or educational institution. .....
Tag this Judgment!Court : Mumbai
Reported in : (2000)102BOMLR654
..... (1) the amendments made by the bombay civil courts (amendment) act, 1982 which came into force on the 1st january, 1984 (hereinafter in this section referred to as 'the said date') shall not have the effect in respect of, and apply to, any suits, appeals or other proceedings of a civil nature filed and pending before any court on the said date and such suits, appeals or other proceedings shall be continued and disposed of by that court as if that act had not been passed; and any appeal, revision application or other proceedings of a civil nature ..... however, no such saving clause is provided when section 26 came to be amended by maharashtra act. no. ..... 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. ..... the decision of the full bench, as it is evident from the judgment, is based mainly on the construction of section 19 of the mah. ..... iii of 1999) which came into force on 13.1.1999, this appeal cannot lie on the file of the high court and it will have to be sent back to the district court, pune, for disposal according to law. ..... the said act contained section 3 which considered the effects of amendments made by mah. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC86; (1988)90BOMLR475; JT1988(4)SC81; 1988(2)SCALE821; (1988)4SCC416; [1988]Supp3SCR32
..... the appellant also pleaded that continuing as a licencee he has become a tenant under section 15a of the amended bombay rent act on and from 1st of february, 1973. ..... we have already held that the dispute in question comes within purview of section 91 of the co-operative act as the appellants claim to be in possession of the flat through a member of the society which is a coo partnership housing society and section 15a of the bombay rent act does not apply as there was no subsisting agreement of licence on 1.2.1973. ..... the appellant questioned jurisdiction of the co-operative court to entertain the dispute on the ground that the dispute does not come within purview of section 91 of the co-operative societies act as he has been continuing in possession as licencee till the date of filing of the dispute and the respondent no. ..... it also held that there was no subsisting agreement of licence in favour of the appellant on the date of the enforcement of section 15a of the bombay rent act and so the appellant had not become a deemed tenant.2. ..... the co-operative court after hearing the parties made an award holding that the dispute fell within the purview of section 91 of the maharashtra co-operative societies act, 1960 as the appellant is claiming to be in possession of the flat as licensee through a member of the society. ..... 1, the member of the society, has been receiving licence fees from him. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2009Bom42; 2008(6)ALLMR856; 2008(4)ARBLR398(Bom); 2008(6)BomCR551; 2008BusLR40(Bom); 2008(6)MhLj867:2009(2)AIRKarR55(F.B).
..... in our opinion, therefore, the only provision of the 1940 act referred to in article 3 of schedule i of the bombay court fees act is the provisions of section 33 of the 1940 act and bare comparison of that provision with the provisions of sub-section (1) of section 34 of the 1996 act shows that the provision of section 33 of the 1940 act is repealed and re-enacted in sub-section (1) of section 34 of the 1996 act with slight modification. ..... nobody has pointed out to us any provision either in the 1996 act or in the bombay court fees act which can be construed as a different intention or which will show that it was not the intention of the maharashtra legislature to exclude an application or petition or memorandum of appeal filed in court to set aside or modify an award made under the 1996 act, from the provisions of 'article 3 of schedule-i' of the bombay court fees act. ..... he submitted that where a provision of an act omitted by an act and the said act is simultaneously re-enacts a new provision which specially covers the filed occupied by the repealed provision with certain modification, in that event such re-enactment is regarded as having force continuously and the modification or changes are considered as amendment coming into force with effect from the date of enforcement of re-enacted provision. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR7; 2008(5)BomCR524; (2008)110BOMLR2849; 2009(1)MhLj921
..... which the highest court fee payable after amendment to the bombay court fees act under act 18 of 2002 ..... consequently, it is held that the relief is incapable of monetary evaluation and hence, article 1 of schedule i of the bombay court fees act, 1959 would not be attracted and ad valorem court fee would not be payable, since it is not an application for repayment of the loan, even if the corporation would specify the figure for the purpose of determining how much of the ..... case (supra) it is held that article 1(c) of schedule ii of the bombay court fees act, 1959 would only be applicable.14. ..... that the investigation of the claim of the corporation would not involve the conditions that can be raised in a suit, which can be in terms of monetary gain or prevention of monetary loss envisaged under article 7 of schedule i of the bombay court fees act, 1959. ..... held that a petition under section 31(1) would be covered only by the residuary article 1(c) of schedule ii of the court fees act and would attract only a fixed court fees.11. ..... ceded its first charge from the mortgaged property on paripassu basis in favour of the maharashtra state financial corporation, who had also granted another loan to respondent no. 1.3. ..... so long as the attachment continues, and the order for sale of the attached property remains in force the financial corporation would be entitled to carry into effect the order ..... consequently under clause iii(b) the reversionary rights in the plots of land leased to the industrial .....
Tag this Judgment!Court : Mumbai
..... force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996 (hereinafter in this section referred to as 'the said date') (a) the state government in respect of the premises requisitioned or continued under requisition and allotted to a government allottee referred to in subclause (a) of clause 1a of section 5; and (b) the government allottee, in respect of the premises requisitioned or continued under requisition and allotted to him as referred to in sub-clause (b) of clause 1a of section 5, shall notwithstanding anything contained in this act or in the bombay land requisition act, 1948, or in any ..... (2) save as otherwise provided in this section or any other provision of this act, nothing in this section shall effect- (a) the rights of the landlord including his right to recover possession of the premises from such tenant on any of the grounds mentioned in section 13 or in any other section; (b) the right of the landlord or such tenant to apply to the court for the fixation of standard rent and permitted increases under this act, by reason only of the fact that the amount of the rent and permitted increases, if any, to be paid .....
Tag this Judgment!Court : Mumbai
..... force of the bombay rents, hotel and lodging house rates control, bombay land requisition and bombay government premises (eviction) (amendment) act, 1996 (hereinafter in this section referred to as 'the said date') (a) the state government in respect of the premises requisitioned or continued under requisition and allotted to a government allottee referred to in subclause (a) of clause 1a of section 5; and (b) the government allottee, in respect of the premises requisitioned or continued under requisition and allotted to him as referred to in sub-clause (b) of clause 1a of section 5, shall notwithstanding anything contained in this act or in the bombay land requisition act, 1948, or in any ..... (2) save as otherwise provided in this section or any other provision of this act, nothing in this section shall effect- (a) the rights of the landlord including his right to recover possession of the premises from such tenant on any of the grounds mentioned in section 13 or in any other section; (b) the right of the landlord or such tenant to apply to the court for the fixation of standard rent and permitted increases under this act, by reason only of the fact that the amount of the rent and permitted increases, if any, to be paid .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1972Bom254; (1972)74BOMLR22
..... section (2) of section 5 and sub - sections (1) and (2) of section 6 and section 7 of the punjab act materially correspond to sub - sections (3), (4) and (5) of section 105 - b and section 105 - c of the bombay act ..... when the appellate officer is a judicial officer, he will examine the record like a court and in that respect there would be no difference whether an appeal be to a judicial officer of to a court under the ordinary law.41.when the appellate officer is an executive officer however, honestly and conscientiously he may act, he may possibly take into consideration departmental talks because he would not be trained to ..... commencement of the bombay municipal corporation (amendment) act, 1960, - (i) not paid for a period of more than two months, the rent or taxes lawfully due from him in respect of such premises; or (ii) sub - let, contrary to the terms or conditions of his occupation, the whole or any part of such premises; or (iii) committed, or is committing, such acts of waste as ..... the government of maharashtra, urban development, public health and housing department dated ..... sub - section (4) provides that every appeal shall be disposed of by the appellate officer as expeditiously as possible.7.section 105 - g provides that save as otherwise expressly provided in this chapter, every order made by the commissioner or the appellate officer under that chapter shall be final, and shall ..... act impliedly repealed the government's ordinary remedy for eviction under the ordinary law and .....
Tag this Judgment!Court : Mumbai
Reported in : [1967]66ITR561(Bom); [1967]20STC199(Bom)
..... (2) that the authorisation amounts to a mukhtyarnama or a vakilpatra, for which court-fee is prescribed under the bombay court-fees act in item 12 of schedule ii, and, therefore, the sales tax authorities are not entitled to require either of the petitioners to file their authorisation stamped as a power-of-attorney as defined in section 2(r) of the bombay stamp act on a non-judicial stamp of rs. 3.30. 9. ..... by a subsequent amendment which was added by maharashtra act 29 of 1965, these words, i.e. ..... the material provisions which govern the rights of legal practitioners, either to appear or to appear or to act or to plead in court, are to determined in the light of the provisions contained in order iii of the code as also the civil rules and orders framed under the powers conferred on this court by clause 37 of the letters patent.' 15. ..... and for reasons to be recorded therein disqualify for such period as is stated in the order form attending before any such authority any legal practitioner, chartered accountant or sales tax practitioner - (i) who has been removed or dismissed from government service, or (ii) who is being a legal practitioner or charted accountant is found guilty of misconduct in connection with any proceeding under this act by an authority empowered to take disciplinary action against the members of the profession to which he belongs, or (iii .....
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