Court : Supreme Court of India
Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; [1986]1SCR731; 1986(2)LC319(SC)
..... high court at bombay (extension of jurisdiction to goa, daman and diu) act, 1981 (act no.26 of 1981). ..... , the high courts in calcutta, madras bombay, allahabad, lahore and patna, the chief court in oudh, the judicial commissioner's courts in the central provinces and berar, in the north-west frontier province and in sind, any other court in british india constituted or reconstituted under the chapter as a high court, and any other comparable court in british india which his majesty in council may declare to be a high court for the purposes of this act:x x x x(2) the provisions of this chapter shall apply to every high court in british india.section 220(1), as amended by the india and burma (miscellaneous amendments) act ..... government of india act of 1915 made similar provision, while section 108(2) reproduced the power conferred by section 14 of the indian high courts act, 1861, upon the chief justice of the high court to determine what judges, whether with or without the chief justice, should sit alone or in the division courts when the government of india act of 1915-1919 was repealed and replaced by the government of india act, 1935, and the 1935 act was repealed and replaced by the constitution, the expression 'pursuant to section 107 of the government of india act' in clause .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1984Bom258; 1984(2)BomCR530; 1984MhLJ603
..... the parliament has passed a law called 'the high court at bombay (extension of jurisdiction to goa. ..... daman and diu o4 any area thereof corresponding to any act referred to in section 3 or any part thereof shall stand repealed as from the coming into force of such act or part in goa. ..... portuguese civil code continued in this union territory by virtue of section 5 contained in the goa, daman and diu (administration) act. ..... section 9 olf the said act provides that on and from the appointed day there shall be established a permanent bench of the high court at bombay at panaji and such judges of the high court at bombay.being not less than two in number as the chief justice of that high court may from time to time ..... daman and diu (extension of the code of civil procedure and the arbitration act) act of 1965. ..... 1963 as if the schedule to the limitation act is amended mutatis mutandis .no question of repugnancy arises. ..... in view of the provisions contained in subsection (2) of section 7 of the extension of jurisdiction act of 1981, that judgment has to be regarded as a judgment passed by a single judge of this court under clause 15 of the letters patent. ..... by the constitution (12th amendment) act, passed by the parliament, this union territory was made a part of the republic of india with effect from 20th of december ..... this provision provided that the existing laws will continue to be in force in this union territory until amended or repealed by a competent legislature or other competent authroity. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR2787; 2009(6)MhLj343
..... a separate judgment delivered today in the said lpa, we have held that the provisions of the high court of bombay (extension of jurisdiction to goa, daman and diu) act, 1981 use the word 'jurisdiction' in section 3 and section 4 with different connotation and, hence we have found that the jurisdiction of bombay high court to entertain lpa is not available to it in goa state. ..... proceeding further in the matter, it is necessary to mention that the issue of maintainability of these letters patent appeals, has also fallen for consideration, because according to the society bombay high court has not been conferred with jurisdiction and powers to entertain lpa, in so far as goa state is concerned. ..... the bombay municipal corporation act, thereafter, did not provide for any appeal and in this background, provisions of section 100a of the code of civil procedure have been looked into and it has been concluded that since an appeal from appellate order was heard and decided by the learned single judge of the high court, no further appeal was maintainable from the judgment and order of the learned single judge passed in that ..... it was found that the additional chief judge of the small cause court had decided an appeal under section 217(1) of bombay municipal corporation act, 1888 and then a second appeal was filed before the learned single judge of this court under section 218d(1) of the said act which was only upon a question of law or usage having force of law or the construction of a ..... amendment .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR2668
..... in this background, out attention has been invited to high court at bombay (extension of jurisdiction to goa, daman and diu) act, 1981 (referred to as 1981 act hereafter) to show that from the appointed day i.e. ..... this section 13, read with the removal of difficulties order, 1982, therefore, cannot be stretched to mean that the jurisdiction conferred upon the bombay high court by letters patent of 1865, as amended, has also been extended to union territory of goa, daman and diu. ..... goa, daman and diu judicial commissioner's court (declaration as high court) act, 1964 was then brought into force with effect from 16.12.1963 and section 8 of the said act repealed section 7 of 1962 act. ..... section 8 of this act repealed section 7 of goa, daman and diu (administration) act, 1962. ..... it appears that on 18.9.2002, this court took a view that section 4 of code of civil procedure (amendment) act, 2002, especially in relation to section 100a thereof was applicable retrospectively and, therefore, letters patent appeals already filed were not maintainable. ..... the division bench found that amended section 25 put fetters on the courts awarding any sum to interested person in excess of what has been awarded by the collector and also without any reference to claim under section 9(2) of the act. ..... 20.12.1961 in goa were continued to be in force till amended or repealed by competent legislation or other competent authority by virtue of section 5 of this act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(6)BomCR766; (2002)3BOMLR942; 2002(4)MhLj50
..... by the high court of bombay (extension ofjurisdiction to goa, daman and diu) act, 1981, thejurisdiction of the bombay high court was extended tothe then territory of goa, daman and diu with effectfrom 30th october 1982, on which day a permanent benchof the bombay high court started functioning at panaji.consequent to the extension of the jurisdiction, thepetitioner was absorbed with effect from 30th october1982 in the services of the bombay high court, panajibench ..... on26th november 1966 in the court of the then judicialcommissioner of goa, daman and diu, at panaji, by theappointment order ..... to appreciate the rival submissionsof the parties, it is useful to make a reference to rule10(4)(a)(i) of the maharashtra civil services (pension)rules, 1982 (hereinafter referred to as the rules),which reads as under:-'10(4) notwithstanding anythingcontained in sub-rules (1) and (2) ofthis rule, the appropriate authority,if it is of the opinion that it is inthe public interest so to do, bygiving *[notice of three months] inwriting in form 30 or in form 31, asthe case may be, or three months payand ..... the petitioner in thejudgment cited supra has been working as asuperintendent irrespective of the designation which heholds and has been discharging the same duties andresponsibilities like other superintendents, which cadrehad been merged in the cadre of section officers, thepetitioner was entitled to be given the revised payscales as applicable to the superintendents and seniorsuperintendents.13. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1968; II(2001)BC304(SC); [2001]105CompCas385(SC); JT2001(4)SC133; (2001)2MLJ97(SC); 2001(3)SCALE53; (2001)4SCC713; [2001]2SCR714; 2001(2)LC1031(SC); (2001)2UPLBEC1
..... the high court at bombay: (extension of jurisdiction to goa, daman and diu) act 1981 extended the jurisdiction of the high court of judicature at bombay to the union territory of goa, daman and diu from the appointed day and the court of judicial commissioner was ..... portuguese civil code continued in the union territory of goa, daman and diu by virtue of section 5 of the goa, daman & diu administration act, 1962 which provides that the existing laws shall be continued in force in the union territory until amended or repealed by a competent legislature. ..... earlier decision [(justiniano (supra)], obviously was on an inspiration from the provisions of section 3 of the goa, daman and diu (extension of the code of civil procedure and the arbitration), act, 1965 by which both the code of civil procedure, 1908 and the arbitration act, 1940 were extended to the union territory of goa, daman and diu and it is on this perspective this court in paragraph 10 of the report observed: '....section 4 of the act repeals so much of the law in force in the union territory of goa, daman and diu as corresponds to the code of civil procedure 1908 or the arbitration act, 1940. ..... admittedly, portuguese colonial possession in the country to wit: goa, daman and diu islands became part of the territory of india from 20th december, 1961 and by the constitution twelfth (amendment)act, 1962, the territories of goa, daman and diu were included as the union territory with effect from the said date (20th december, .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(5)BomCR155
..... thereupon, after the extinction of the judicial commissioner's court, with the enactment of the high court of bombay (extension of jurisdiction) to goa, daman and diu act, 1981 on 30th october, 1982, references in any law in force in the union territory of goa, daman and diu to the judicial commissioner's court were to be construed as references to the high court at bombay in terms of its section 11. ..... 20th december, 1961) in goa, daman and diu or any part thereof shall continue to be in force therein until amended or repealed by competent legislature or other competent authority. ..... /decrees of the high court is vested on the original side and chapter xxii of the original side rules deals with the exercise of decrees and orders and provides in its rule 315 that all applications for execution of decrees or orders whether of the high court or of any other court (except as provided by these rules) shall be made by advocates on record or by parties in person to the prothonotary and senior master and the transmission of decrees and the issue of all the necessary warrants and notices and all amendments thereof shall ..... the hon'ble chief justice should be requested to amend the competent rules so as to enable the special officer to cause the execution of such decrees while in the meantime pending the change in the rules the said decrees should continue to be executed as before.6. .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(1)BomCR165
..... were 'goa, daman and diu civil service (judicial branch) rules, 1985' framed under articles 233 and 234 of the constitution of india read with section 5 of the high court of bombay (extension of jurisdiction to goa, daman and diu) act, 1981. ..... the goa, daman and diu civil service (judicial branch) rules of 1985 came to be superseded by the 1992 ..... in our opinion, the fact that government of goa has recommended by letter dated 7-9-1993 to the high court to fill in only one vacancy by nomination is not of any significance as the government has accepted the recommendation of the selection made of five candidates by the high court vide letter dated 12th december, 1995 and in fact it has issued two appointment letters ..... they pointed out that the government of goa in its letter dated 7-9-1993 addressed to the high court made it clear that the rules are not retrospective and so suggested to fill in only one vacancy of grade ii, senior division by ..... in the affidavit filed on behalf of the high court there is nothing to show that there were any circumstances which required it to fill all the five posts (presently available) by nomination and depart from quota ordinarily to be observed under ..... made reference to the letter dated 7th september, 1993 addressed to the registrar, high court (appellate side) pointing out that rules of 1992 can be given only prospective effect and only one post of civil judge, s.d. ..... therefore, the high court was not right and neither five nor four posts can be filled in .....
Tag this Judgment!Court : Chennai
Reported in : (1994)1MLJ358
..... high court at bombay (extension of jurisdiction to goa, daman and diu) act, 1981 (act ..... jurisdiction of the high court at bombay to the union territory of goa, daman and diu, a specific provision was also made under section 5 of that act, stating that:the provisions of chapter vi of part vi of the constitution shall apply to the high court at bombay in relation to the exercise of its jurisdiction to the union territory of goa, daman and diu, subject to the following exceptions and modifications, namely:(a) the references in the said chapter to 'state' except where it occurs in the expression 'governor of the state' shall be construed as references to the union territory of goa, daman and diu;(b) in clause (1) of article 233 and ..... event this court were to hold that the powers under chapters v and vi of part vi of the constitution are exercisable by the high court of madras over the subordinate judiciary of the union territory of pondicherry, the government of pondicherry will suitably amend the pondicherry judicial service rules, 1980 and also the other connected acts and the rules pertaining to the jurisdiction of the high court over the subordinate judiciary and also the ..... government of pondicherry, which we place on record, we do not consider it necessary to issue any mandamus to amend the pondicherry judicial service rules and the provisions of the other enactments and the rules, except stating that the undertaking shall be complied with, within a period of six months from today. .....
Tag this Judgment!Court : Chennai
Reported in : AIR2004Mad8; 2003(1)ARBLR234(Madras); (2002)3MLJ788
..... . the high court at bombay: (extension of jurisdiction to goa, daman and diu) act, 1981 extended the jurisdiction of the high court of judicature at bombay to the union territory of goa, daman and diu from the appointed day and the court of judicial commissioner was abolished ..... . section 9 of the statute [(act of 1981) (supra)] provides that there shall be, on and from the appointed day, established a permanent bench of the high court of bombay at panaji and some judges of the high court at bombay being not less than two in number or as may be nominated by the chief justice of the high court from time to time shall sit at panaji, in order to exercise the jurisdiction and power for the time being vested in the high court in respect of cases arising in this union territory ..... . section 4 of the pondicherry limitation (repeal of local laws) act, 1994 provides that notwithstanding anything contained in the repeal act, any suit for which the period of limitation prescribed in the limitation act is shorter than the period of limitation prescribed by the local laws, such suit could be instituted within one year next after the commencement of the pondicherry limitation (repeal of local laws) act, 1994 ..... . narayanaswamy naidu, reported in air 1965 mad 32,(division bench), it has been held thus:-'6 ..... . narayanaswamy naidu, reported in air 1965 mad 32 .....
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