Court : Mumbai
Reported in : 2005(4)ALLMR463; 2005(6)BomCR207; 2005(4)MhLj967
..... district court or the court of any civil judge on the date of coming into force of the provincial small causes courts and presidency small causes courts (maharashtra amendment) act, 1984, shall be continued and disposed of by the district court or the court of civil judge, as the case may be, as if this chapter had not been enacted.in the background, ..... proceedings between licensors and licensees or landlords and tenants for recovery of possession of immovable property and license fee or rent, except those to which other acts apply to lie in court of small causes--(1) notwithstanding anything contained elsewhere in this act, but subject to provisions of sub-section (2), the court of small causes shall have jurisdiction to entertain and try all suits and proceedings between a ..... 1887, or under the berar small causes courts law 1906, or to courts exercising the jurisdiction of a court of small causes under the said act or law or to the courts in any part of india to which the said act does not extend exercising a corresponding jurisdiction that is to say--(a) so much of the body of the code as relates to--(i) suits excepted from cognizance of a court of small ..... keshaorao tidke), reported at : 1986(3)bomcr134 , the learned single judge of this court has considered the position in the light of 1984 amendment of provincial act and has found that provisions of section 26 cannot be regarded as continuation of the jurisdiction, however limited, which the court of small causes had under items .....
Tag this Judgment!Court : Mumbai
..... arbitral tribunal in the facts of this case could not have granted claim for specific performance and thus no compensation could have been awarded under section 21(2) of the specific relief act, 1963 is concerned, a perusal of the arbitral award clearly indicates that the arbitral tribunal has after considering the pleadings, documents and prayers has rendered a finding that in ..... perusal of the judgment of supreme court in the aforesaid judgment and judgments of this court, the following statement of law can be culled out:- a) section 31(7) of the arbitration and conciliation act, 1996 deals with the power of the arbitrator to award interest at such rate as it deems reasonable on the whole or any part of the money in the whole or any part ..... of interest is barred, by virtue of an express agreement; (b) shall affect- (i) the compensation recoverable for the dishonour of a bill of exchange, promissory note or cheque, as defined in the negotiable instruments act, 1881 (26 of 1881); or (ii) the provisions of rule 2 of order ii of the first schedule to the code of civil procedure, 1908 (5 of 1908); (c) shall empower the court to award interest upon interest." 22. ..... and called upon the said company along with the respondent herein to forthwith complete all the statutory formalities contemplated under the provisions of the company act, 1956 to give effect to the transfer contemplated under the share transfer agreement 10 days from the date of receipt of the notice and thereupon to take .....
Tag this Judgment!Court : Mumbai
..... arbitral tribunal in the facts of this case could not have granted claim for specific performance and thus no compensation could have been awarded under section 21(2) of the specific relief act, 1963 is concerned, a perusal of the arbitral award clearly indicates that the arbitral tribunal has after considering the pleadings, documents and prayers has rendered a finding that in ..... perusal of the judgment of supreme court in the aforesaid judgment and judgments of this court, the following statement of law can be culled out:- a) section 31(7) of the arbitration and conciliation act, 1996 deals with the power of the arbitrator to award interest at such rate as it deems reasonable on the whole or any part of the money in the whole or any part ..... of interest is barred, by virtue of an express agreement; (b) shall affect- (i) the compensation recoverable for the dishonour of a bill of exchange, promissory note or cheque, as defined in the negotiable instruments act, 1881 (26 of 1881); or (ii) the provisions of rule 2 of order ii of the first schedule to the code of civil procedure, 1908 (5 of 1908); (c) shall empower the court to award interest upon interest." 22. ..... and called upon the said company along with the respondent herein to forthwith complete all the statutory formalities contemplated under the provisions of the company act, 1956 to give effect to the transfer contemplated under the share transfer agreement 10 days from the date of receipt of the notice and thereupon to take .....
Tag this Judgment!Court : Mumbai
..... or construction of the amenity on the surrendered land at his cost, as the final development control regulations prepared in this behalf provide, or (c) by making an application to the state government for acquiring such land under the land acquisition act, 1894, and the land (together with the amenity, if any, so developed or constructed) so acquired by agreement or by grant of floor space index or additional floor space index or transferable development rights under this section or under the land ..... authority, as the case may be, for payment to the lessor, an amount equivalent to the value of the lessor's interest to be determined by any of the said authorities concerned on the basis of the principles laid down in the land acquisition act, 1894, floor space index (fsi) or transferable development rights (tdr) against the area of land surrendered free of cost and free from all encumbrances, and also further additional floor space index or transferable development ..... in plans:- (1) when after the publication of a draft regional plan, a development or any other plan or town planning scheme, any land is required or reserved for any of the public purposes specified in any plan or scheme under this act at any time the planning authority, development authority, or as the case may be, 1(any appropriate authority may, except as otherwise provided in section 113a) 2(acquire the land,- (a) by an agreement by paying an amount agreed to, or (b) in lieu of any such amount .....
Tag this Judgment!Court : Mumbai
..... the hindu law, of such son, grandson or great-grandson to discharge any such debt: provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005, nothing contained in this sub-section shall affect-- (a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or (b) any ..... down a uniform and comprehensive system of inheritance and applies, inter alia, to persons governed by the mitakshara and dayabhaga schools and also to those governed previously by the murumakkattayam, aliyasantana and nambudri laws.the act applies to every person who is a hindu by religion in any of its forms or developments including a virashaiva, a lingayat or a follower of the brahmo, pararthana or arya samaj; or to any ..... death an interest in a mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this act: provided that, if the deceased had left him surviving a female relative specified in class i of the schedule or a male relative specified in that class who claims ..... interest in the property of a joint hindu family governed by the mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,-- (a) the daughter is allotted the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1994Bom265; 1994(3)BomCR559; 1994(2)MhLj1174
..... the learned counsel submitted that the provisions of chapter v of the transfer of property act, 1882, insofar as they arc not inconsistent with the provisions of this act apply to the determination of relationship of a person with reference to the property in question, and, it is so contended, the provisions ..... the perusal of the provisions of the hyderabad tenancy and agricultural lands act, 1950, make it more than clear that there is no prohibition to enter into a document creating lease by the parties who ..... the provisions of the hyderabad tenancy and agricultural lands act, will have to be scanned to find out as to whether there is ..... can claim to be a contractual tenant under an agreement of leaseand this position will have to be considered not in the context of the provisions of section 5 of the tenancy act, but independently thereof, depending on the nature of the document. ..... a of the act clearly enacts that the provisions of chapter v dealing with lease under the transfer of property act, 1882, shall apply insofar as the said provisions are not inconsistent with the provisions of hyderabad tenancy and agricultural lands act, 1950, to tenancies and leases of land to which the agricultural tenancy act applies. ..... case, it is observed that a son-in-law can be regarded as a member of the family because the word 'family' is not to be construed in a narrow sense or meaning, only a member of the hindu joint family, because the act applies to all tenants irrespective of the personal laws. .....
Tag this Judgment!Court : Mumbai
Reported in : (1962)64BOMLR400
..... now, the mode in which the proceedings are to he initiated before a nyaya panchayat are given in section 90 of the act which says-any person intending to institute a suit or case under this act before a nyaya panchayat shall make an application in writing to the person before whom a suit or case can he instituted under section 86, and shall at the same time pay the ..... sub-section (1) says that notwithstanding anything contained in the code of criminal procedure, 1898, every case instituted under this act shall be instituted before the member of the nyaya panchayat of the village in which the offence is committed, and if he be absent then before the sarpanch of that village, and ..... in my opinion, therefore, on proper construction of the provision and the scheme of the village panchayats act the word 'complaint' in section 87 which enjoins on a magistrate not to take cognisance of the offence instituted on a complaint of which cognisance can be taken by the nyaya panchayat must be restricted to a complaint in writing ..... these are some of the important provisions of the bombay village panchayats act dealing with the manner of taking cognisance of criminal cases by the nyaya panchayat to which reference is appropriately made in the considered ..... prosecutor as well as counsel for the accused and came to the conclusion that the offence complained of was triable under section 75 of the bombay village panchayats act before a nyaya panchayat as the value of the property was less than rs. 20. .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(3)BomCR565; 1987MhLJ743
..... the relevant portion of the aforesaid decision reads as under :'xxx xxx xxxsection 9 provides that an appeal lies from every order of the estate officer under section 5 of the act to an appellate officer who shall be the district judge of the district in which the public premises are situate or such other judicial officer in that district of not less than ten years standing as district judge ..... : 1978crilj1 has held :---'when the sessions judge was appointed an appellate authority by the state government under section 60 of the essential commodities act, what the state government did was to constitute an appellate authority in the sessions court over which the sessions judge presides. ..... this revision is directed against the order passed in appeal under section 9(1) of the public premises (eviction of unauthorised occupants) act, 1971, hereinafter referred to as the 'public premises act' rejecting the claim of the controller of aerodrome, nagpur airport to recover the rent which was ordered to be paid by the estate officer ..... the appellate court also took the view that the provisions under article 112 of the limitation act were not applicable in this case and therefore, allowed the appeal, dismissing the claim of the applicant as barred by ..... lies to high court from the order passed in appeal under section 9 of the public premises (eviction of unauthorised occupants) act, 1971 by the district judge arising out of the order of estate officer inspite of 'finality' referred in section 10 .....
Tag this Judgment!Court : Mumbai
..... he submitted a statement signed by him showing that the respondent had filed a criminal complaint under section 138 of negotiable instrument act before the metropolitan magistrate, thane court which is sub judice and hence there was no scope on him to attend the arbitration proceedings, as per the arbitration notice dated 16th june, 2012. ..... the objection could be taken under section 4 upon either the provision of part 1 of the act not being applied or any requirement under the arbitration agreement not being complied. ..... 478 it has been held by the division bench of this court that a plea of jurisdiction even upon the bar of limitation as in that case would be taken to be waived upon a conjoint reading of section 4 and 16 of the act, if not taken at the earliest opportunity in the arbitral proceedings. 18. ..... is taken to have waived the right to object to the arbitration which objection the petitioner has sought to raise only after the award came to be passed on merits in this petition under section 34 of the arbitration and conciliation act, 1996 (the act) to set aside the award on that ground. 16. ..... it would have had to be seen under section 16 of the act by the arbitrators themselves because it is the case of the petitioner that there was no arbitration agreement and hence the arbitrator could not have entered upon the reference at all. ..... the court also considered section 16 of the act under which the arbitrator can rule upon its own jurisdiction. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(83)ECC306; 2003(161)ELT12(Bom)
..... impossibility of filing thedocuments referred to in section 12a isconcerned, it is obvious that the saidrequirement cannot be insisted upon in caseswhere the application is filed prior to thecommencement of the act or for the periodanterior to the commencement of the saidamendment act, though the burden of provingthat the burden of duty has not been passed onby him is still upon the applicant.sub-section (1) of section 11b is of generalapplication. ..... three writ petitionschallenging various show cause notices issued by therespondents under section 11-a of the central excise& salt act, 1944 (act for short) either seeking toreject the refund claim of the petitioners or seekingto recover excise duty erroneously refunded ..... accordingly, the respondents after granting andpaying the refund amount issued show cause noticesunder section 11a of the said act dated 31.10.1988(exhibit-k in writ petition no.5770 of 1988), showcause notice dated 3.2.1989(exhibit-p in writpetition no.2857 of 1989) and show cause notice dated22.4.1989 (exhibit-t in writ petition no.3172 of1989) ..... dated 11.9.1984, itwas not open to the revenue to resort to section 11aof the said act and purport to recover the amountrefunded on the ground that the amount waserroneously refunded and that if at all the revenuewas aggrieved by the order in original, the propercourse open to the revenue was to file an appeal u/s.35 of the said act and that having accepted the orderin original dated 11.9.1984, it was not open for .....
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