Court : Mumbai
Reported in : AIR1926Bom51; (1925)27BOMLR1273
..... this is a reference by the superintendent of stamps of the central provinces and berar under section 57 (1) (b) of the indian stamp act.2. ..... ' there must then be a case which is to be disposed of by the revenue authority on receipt of the high court judgment, if we were to give a decision on this abstract question, and a copy of our judgment sent under the seal of the court and the signature of the registrar to the revenue-authority there would be no case for him for disposal on receipt of this judgment.8. ..... 213 the superintendent, on the matter being brought to his notice by the defendant in the suit, thought it advisable to submit the case to this court for a decision whether the words 'improper description' used in rule 18 were confined to stamps issued by government for the purposes of the act as described in rule 3 (1), or were applicable to stamps of any description issued by government in any department.6. ..... as the decision of the judicial commissioner's court appeared to be in conflict with the decision in reference under section 57 of act ii of i. l. ..... the plaintiff applied under section 37 of the indian stamp act and rule 18 of the rules framed thereunder to the collector for validation and certification of the bills, on payment of the duty required by the rule. ..... the documents have been admitted and a decree has been passed the decision of this court on the reference, therefore, could have no effect on the case. ..... r.1899 all. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom394; (1967)69BOMLR490; 1967MhLJ450
..... she has challenged the dismissal of her suit by the civil judge, senior division, nagpur on the ground that the suit was filed in villation of the provisions of sections 27 and 30 of the central provinces court of wards act, i.e. ..... 34(1) of the court of wards act makes a revision or withdrawal of superintendence or continuance of superintendence of the management of the court of wards under certain circumstances, relying upon the first proviso to section 34(1) of the act, the learned counsel for the court of wards urged that on the death of late shri raje raghuji rao who was himself a government ward, the court of wards decided, of course, with the previous sanction of the state government, to retain his property under its superintendence, until the debts and ..... in this communication, the government directed that under proviso to section 34 (1) of 'the civil procedure code' court of wards act, government was pleased to accord sanction to the continuance of the superintendence of the court of wards, nagpur over the estate of the late shri raje raghuji rao bhonsle after his demise on 20th ..... courts of wards act, 1899 ..... came to the conclusion that the plaintiff had no cause of action to the suit and the suit, as filed, violated the provisions of sections 27 and 30 of the court of wards act, because the suit was filed without the previous sanction of the court of wards and by a ward, without next friend. ..... 1899 (hereinafter referred to as the court of wards act ..... court of wards act, 1899. . . . .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR613
..... was some further correspondence between the deputy commissioner, the commissioner of the nerbudda division, and the secretariat of the central provinces, and ultimately, on the 28th january 1891, the commissioner of the nerbudda division was informed by the secretariat that the chief commissioner had sanctioned the assumption by the court of wards, hoshangabad, of the management of the estate of maharajsingh and dulichand, malguzars of baherakhedi and other villages in that ..... act xvii of 1885 was not as precisely worded as it might have been, but it obviously was intended to apply to the superintendence by the court of wards of the family property of hindu joint families as well as to the superintendence of separate property of hindus and others situate within the territories for the time being administered by the chief commissioner of the central provinces ..... inferred from the letter of the 28th january 1891 empowered the court of wards to mortgage the property under section 18 of act xvii of 1885.17. ..... not in their lordships' opinion necessary under section 18 of act xvii of 1885 that the actual mortgage to be made by the court of wards should be submitted to the chief commissioner for his sanction, nor was it necessary that the court of wards should have his sanction to the precise ..... the debt nor to manage the estate ; and that if the villages should be lost on account of the indebtedness -our children will have no estate left to them ;' and prayed that 'if, under section 7 (c) c. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom92; (1964)66BOMLR807; ILR1965Bom200; 1965MhLJ577
..... other than the enactments relating to land revenue, for instance, the bombay ferries and inland vessels act, bombay hereditary offices act, bombay irrigation act, bombay general clauses act, bombay court of wards act, bombay public conveyances act, bombay co-operative societies act, bombay agricultural produce markets act, bombay warehouses act, bombay taluqdari tenure abolition act, bombay police act, bombay cinema (regulation) act, sub-section (3) empowers the state government by notification to amend or delete any entry in the schedule for the purpose ..... in this area was in force the court of wards act of 1890 and under section 3 of the act the commissioner was a court of wards. ..... the law prevailing in the four districts of nagpur, wardha, bhandara and chanda was the central provinces land revenue act and the law prevailing in the four districts known as berar districts, namely, amravati, akola, buldhana and yeotmal, was the berar land revenue code. ..... sub-section (5) provides for payment of damages by the officer who is authorised to go on the lands to the cultivators whose lands may get damaged on account of survey. ..... in our opinion, the essential legislative policy underlying the land acquisition act is that land must not be acquired for anything but for a public purpose or for a company and acquisition must be on payment of adequate compensation as provided under the act. .....
Tag this Judgment!Court : Mumbai
Reported in : 1949CriLJ363
..... 989 and 990reliance is placed on the appellant's behalf on section 2, court of wards act, 1899, which says that all orders issued under repealed enactments shall be far as may be, be deemed to have been issued under the new act, and on the strength of this it is argued that even if redemption took place under act xvii [17] of 1876 section 47 of act iii [3] of 1899 should be held to be applicable. ..... inconsistent therewith, continue in force and be deemed to be an order made under this act and' any notification issued, appointment made or action taken under the central provinces and berar public safety (amendment) ordinance, 1948, shall, to the extent to which it is not inconsistent with this act be deemed to have been issued, made or taken under this act.it was urged that the effect of this sub-section is that as the order of detention can be deemed to have been made under ..... in which, the places at which, the dates on which and the times at which the detenu had actively tried to foment and incite strikes and it was, therefore, undoubtedly vague; but the advocate general relied on section 35 (2) and the proviso to 8 4, central provinces and berar public safety act, 1948 (lxii 62] of 1918) which received the assent of the governor-general on nth october 1948 and was published in the .....
Tag this Judgment!Court : Mumbai
Reported in : (1936)38BOMLR776
..... this is an appeal from a decree of the court of the judicial commissioner, central provinces, dated december 15, 1933, which affirmed a decree of the additional district judge, raipur, dated march ..... is decided to take (a boy) in adoption, mauza kolar should be reserved for my wife and for the maintenance of the adopted boy (the property) should .afterwards be placed under the management of the court of wards or of panchas of whom vyenkat rao naik should be the sir panch. ..... before adopting the defendant the widow tried to secure bhagwati in adoption but, as both courts have found, his mother a widow definitely refused to give that son bhagwati in adoption and the defendant was only adopted after and in consequence of ..... on the hearing of the case on remand in the court of the judicial commissioner the court concurred in the findings of fact and law of the trial judge and held that the ..... their lordships have no doubt that the courts below were right in holding that the seven years expired in november, 1918, some year and a half ..... here, as was pointed out in the courts below, many matters in the will are dealt with as and from the date ..... his majesty in council the decision as to the contingent nature of the will was reversed and the suit remanded to the court of the judicial commissioner to deal with the other matters upon which that court had not passed. ..... 25, 1920, .rambharosa the defendant was adopted by the widow purporting to act in accordance with her deceased husband's wishes. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1961Bom239; (1961)63BOMLR289; ILR1961Bom224
..... central provinces and berar courts act, 1917, and urged that the additional district judge who has passed the order impugned in this appeal had the jurisdiction in view of section 26 of that act ..... courts act are concerned, they deal with only the ordinary jurisdiction of the district judge, thatis to say, with regard to suits and other proceedings which can be commenced under the code of civil procedure but not with proceedings which may be commenced before him under special acts, such as for instance, the guardians and wards act, the lunacy act, or as in the instant case, the religious endowments act ..... section 27 of that act gives power to the court to make or cause to be made such inquiry against a trustee in a case of this kind, and if necessary, to remove him or to pass other ancillary orders as contemplated by sub-section (2) of section 27; and the 'court' under section 2(1) of this act means 'the principal civil court ..... , because the additional district judge, was not the principal court of original civil jurisdiction and obviously if he was to be empowered to take proceedings contemplated by sections 26 and 27 of the act there would haveto be a separate notification, which again has ..... nut in a fresh application in pursuance of the sanction of the collector granted on 9-6-1958, and i have no doubt that the proper court will, taking into account the grave circumstances disclosed in this case and the fact that the necessity for safeguarding the trust propertyss very urgent, .....
Tag this Judgment!Court : Mumbai
Reported in : (1961)63BOMLR342; [1961(3)FLR131]; (1961)ILLJ711Bom
..... 16 of the central provinces and berar industrial disputes settlements act, 1947, provides : 'any employee, working in an industry to which the notification under sub-section (1) applies, may, within six months from the date of such dismissal, discharge, removal or suspension, apply to the labour commissioner for reinstatement and payment of compensation for loss of wages. ..... their lordships of the supreme court have also discussed this definition of the word 'industry' occurring in the central act in the case in state of bombay v. ..... 2(14) of the central provinces and berar industrial disputes settlement act was itself considered by their lordships of the supreme court in the decision in nagpur corporation v. ..... the petitioners then filed a revision before the state industrial court, nagpur, against the order passed by the assistant commissioner of labour. ..... 309 the learned chief justice of the australian high court while discussing the implications of the term industrial dispute has observed (pp. ..... no doubt, the two cases before the supreme court relate to the character of the activity of the employers and not its form and organization. ..... meher : (1959)iillj38bom decided by the bombay high court, the principal question to be decided was whether establishment of a solicitor's office could be called an industry within the meaning of the industrial disputes act (xiv of 1947). .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)BomCR750; 2002(4)MhLj403
..... ' the rent control order which is issued under central provinces and berar regulation of letting of accommodation act, 1946, which inter alia, provides for fixation of rent and other matters. ..... of course, the order must be one which directs a party to do or forbear from doing an act and must affect some right of the parties though this qualification does not appear from clause 21 of the rent control order. ..... it is in that context, that this court observed that: when the final order based on such finding, is passed, an appeal will lie against the final order. ..... in the said written statement he annexed the schedule, showing the payment of rent. ..... bhamburkar, learned counsel, relied on a judgment of this court in the case of chiranjitsingh v. ..... (2) every notice issued by the rent control to the parties shall be registered post. ..... this was a matter, which was essentially for the authority under the act to decide. .....
Tag this Judgment!Court : Mumbai
Reported in : (1958)60BOMLR1247
..... no suit for the recovery of a loan advanced by a money-lender shall proceed in a civil court until the court is satisfied that he holds a valid registration certificate or that he is not required to have a registration certificate by reason of the fact that he does not carry on the business of money-lending in any of the districts of the central provinces and berar:provided that this section shall not apply to a suit instituted before the 1st october 1940.12. ..... difference in the language of sub-section (i) of section 10 of the bombay money-lenders act from that of section 11-f of the central provinces & berar moneylenders act is significant.14. ..... that the money-lender had not held such licence, the court may, on the application of the money-lender, stay the hearing of the suit and require him to produce within a period of three months a licence on payment to the registrar of all the arrears of the licence fees payable by him under this act for the period commencing from the date on which he started the business of money-lending or the expiry of six months ..... from the date on which this act comes into force, whichever is later, together with such penalty, not exceeding rs. .....
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