Judgment Search Results Home > Cases Phrase: karnataka court fees and suits valuation act 1958 schedule ii schedule ii Court: mumbai Page 1 of about 63 results (0.094 seconds)

Sanjeevkumar Harakchand Kankariya Vs. Union of India, through the Mini ...

Court : Mumbai Aurangabad

..... it is further contended by the state that section 66 of the karnataka court fees and suits valuation act, 1958, also provides for refund of 50% of the court fees whenever by agreement of parties, any suit is dismissed as settled out of court or ended in a compromise decree before any evidence has been recorded or any appeal is disposed of before commencement of hearing ..... it is contended that 100% of the court fee paid by the plaintiff, appellant or petitioner is refundable in the proceedings referred to in articles 20, 21, 22, 23, 38a, 38b and 38c of the schedule ii of the act. ..... , so far as state of maharashtra is concerned, the subject relating to prescription of fees in the courts, which is a part of state judiciary and referrable to the matters included in list ii of seventh schedule, is exercisable by the state legislature. ..... list iii of the seventh schedule is concurrent list in respect of which both the parliament as well as state legislature shall have jurisdiction and powers to make laws; and relevant entry is at sr.no.47 which prescribes fees in respect of any of the matters in the said list, but not including fees taken in any court. 11. ..... it is contended that in exercise of the powers conferred by subsection (2) of section 43 of the maharashtra court fees act, 1959, the government of maharashtra, by its order no.hca.2010/c.r.87/d19, dated 08.05.2013, has directed to refund such part of the court fees paid by the parties, as specified in column (2) of the schedule thereto. .....

Mahindra and Mahindra Ltd. and ors. Etc. Etc. Vs. Mr. Avinash D. Kambl ...

Court : Mumbai

Reported in : 2008(3)ALLMR1; 2008(2)BomCR497; (2008)110BOMLR805; 2008(4)MhLj125; 1996(72)FLR166

..... court by filing several complaints of unfair labour practice under items 5, 6, 9 and 10 of schedule iv to maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as the mrtu & pulp act). ..... within six weeks from the date of the application of this act to an industry, every employer therein shall submit for approval to the commissioner of labour in the prescribed manner draft standing orders regulating the relations between him and his employees with regard to the industrial matters mentioned in schedule i: provided that where an undertaking in an industry is started after the application of this act to such industry, the draft standing orders shall be ..... . now this would imply that the moment the first temporary workman of a category is terminated, his name would appear first in the waiting list for that category, and, should work be available, he would have to be employed again before bringing any person whose name is not so entered, because there will be none whose services have ..... by, leaving us floundering in the sloughs of 19th century theories should the strong be permitted to push the weak to the wall should they be allowed to ride roughshod over the weak should the courts sit back and watch supinely while the strong trample underfoot the rights of the weak we have a constitution for our country ..... employer placed reliance on the judgment of the supreme court in secretary, state of karnataka v. ..... of karnataka and ors. .....

Brihan Mumbai Union of Journalists and ors. Vs. Nav Bharat Press Ltd. ...

Court : Mumbai

Reported in : 2002(6)BomCR361; [2002(95)FLR1116]; (2002)IIILLJ879Bom

..... , : (1986)iillj516bsc in the matter of transfer order of government employees the apex court observed as under: 'however, a transfer order which is mala fide and not made in public interest but made for collateral purpose, with oblique motives and in colourable exercise of power is vitiated by abuse of power and is open to challenge before court being wholly illegal and void'.it is therefore, clear that the transfer from one place to another in public interest or administrative exigencies, would normally not be ..... interfered with and the remedy for the parties in such cases if there be difficulties is ..... procedure will attract item 11 of schedule iv of industrial disputes act and hence section 9-a may be attracted. ..... along with posts under the guise of strengthening the regional offices, to my mind was not in the exercise of the managerial powers under clause 5 of the letter of appointment, considering the work of publishing a paper and the work to be done by the working journalists as set out in the manisana award or of the non-working journalists. ..... of karnataka and ors. .....

N.M. Shah Vs. Second Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1982)1ITD244(Mum.)

..... the legal practitioners (fees) act, 1926, sections 3 and 4, and by the rules of the high courts, fees due to "advocates" (which expression would include barristers enrolled as advocates and other legal practitioners) ..... of the firm in which the assessee is a partner; and (c) the tax liability of the partner himself in respect of the same.this proposition is really on the question of valuation of the asset represented by the debt outstanding in respect of professional fees and the argument is that the outstanding professional fee has imbedded in it the three elements stated above, namely ..... right, the other view which is favourable to the assessee is equally possible as per the two high court decisions of the orissa and karnataka and, therefore, according to the authorities well-settled, we are bound to follow the view which is in ..... act.it was submitted that the provisions of section 7(2) can only apply to an assessee who is carrying on a business which is distinct and different from a profession as brought out by the use of the two expressions separately in some of the provisions of the act and the rules as, for instance, in rule 1 of schedule i defining "business premises" where it is mentioned "used throughout the previous year for the purpose of business or profession "and ..... in which he is a partner have never filed any suit for recovery of outstanding fees except in two cases of outside maharashtra where orders of court had to be obtained as technical formalities for complying with .....

Shrirampur Municipal Council Vs. Shri V.K. Barde and ors.

Court : Mumbai Aurangabad

..... umadevi (3)1 does not denude the industrial and labour courts of their statutory power under section 30 read with section 32 of the mrtu and pulp act to order permanency of the workers who have been victims of unfair labour practice on the part of the employer under item 6 of schedule iv where the posts on which they have been working ..... union's claim for regularization of its members merely because they have been working for bro for a considerable period of time cannot be granted in light of several decisions of this court, wherein it has been consistently held that casual employment terminates when the same is discontinued, and merely because a temporary or casual worker has been engaged beyond the period of his employment, he would not be entitled to be absorbed in regular service or made permanent, if ..... the high court, without granting the status of permanency, grants wages and other benefits applicable to permanent employees on the specious reasoning that inaction on the part of the government in not creating posts amounted to unfair labour practice under item 6 of schedule iv of the mrtu and pulp act.in so doing the high court erroneously ignores the fact that approximately 2000 workmen had not even made a claim for permanency ..... is a difference between a claim raised in civil suit or a writ petition and one adjudicated by the industrial adjudicator. ..... apex court in case of secretary, state of karnataka ..... of delhi, 1959 scr 1230 : (air 1958 sc 1050).in paragraph 5 it is observed .....

Gurudatta Housing Society Vs. Maruti Bali Kokate

Court : Mumbai

Reported in : (1980)82BOMLR397; 1980MhLJ619

..... 300 and paid court-fees thereon accordingly presumably under clause (1) of article 23 of schedule ii of the bombay court-fees act, 1959, hereinafter referred to as 'the court-fees act'. ..... . column 3 of article 23(f) of schedule ii indicates the mode of valuation of such appeal for computing the court-fees ..... . first contention was that amended section 26 of the act not being applicable to the award of the said tribunal its judgment was neither a decree nor could claim to have the force of decree and the appeal therefrom was liable to the fixed court-fee under article 11 of schedule ii ..... . under the scheme of section 7(4)(c) of the indian court-fees act, the plaintiff is at liberty to put his own valuation for the purposes of the relief claimed thereunder ..... . all this discussion had become necessary to consider whether a wrong decision of the high court on reference of dispute on title in earlier land acquisition proceedings, declaring a particular property acquired thereunder to be widow's estate, could operate res judicata under general principles, if not under section 11 of the code of civil procedure, in a subsequent suit between the legal representatives of the same parties in regard to the same property ..... . ramanathan chettiar : [1958]1scr1021 .the theoretical basis of this provision appears to be that in cases in which the plaintiff is given the option to value his claim, it is really difficult to value the claim with any precision or definiteness.19 .....

Prashant S/O Vinayak @ Vitthal Deshmukh and Vinayak @ Vitthal Ganeshra ...

Court : Mumbai

Reported in : 2010(1)MhLj968

..... adopting appropriate multiplier, guided by principles in second schedule of the act and assuming even imponderables that enter into computation such as possibility of her marriage at the age of 25 or 26 as also savings of expenses of her marriage by parents, one has to heed facts that her parents incurred medical expenses till she survived in hospital, conveyance expenses and attendance by her parents at hospital in nagpur, funeral expenses, loss of love and affection for unmarried daughter appropriate multiplier of minimum 10 could have ..... in : 2002 acj 1267 (karnataka), the division bench after having considered catena of judicial pronouncements, observed thus:merely because in a given case the vehicle was driven by a person holding no license or holding a licence which may be said to be not covering the vehicle, can not be said to amount to breach of conditions, unless an entrustment is established that vehicle has been entrusted by the owner of the vehicle and breach has been a conscious act and a wilful breach.in view of ..... the cumbersome and tardy procedure of a civil suit and execution of decree thereof has been avoided by providing easier mode of getting the award, executed from the accident claims tribunal by realization of ..... the hon'ble supreme court has, inter alia, held that:mere absence, fake or invalid driving licence or disqualification of the driver at the relevant time, are not in themselves defences available to the insurer against either the insured or the .....

Deelip Manga Chaudhary Vs. The Managing Director, The Maharashtra Stat ...

Court : Mumbai Aurangabad

..... corporation bank, manglore and another, 2004(iii) clr 623, the karnataka high court held that deduction of loan installments from the suspension allowance is unauthorized as the rules do not permit such deductions from ..... accordingly, adjust this amount being withdrawn by the petitioner from this court and shall accordingly pay the residual amount to the petitioner or before 30/10/2015 ..... limited and others, [2004(2) bcr 563], this court considered the scope of section 10a of the industrial employment (standing orders) act, 1946, which provides for payment of subsistence allowance and a remedy as against the inadequate ..... , directed to calculate the deductions carried out from the subsistence allowance of the petitioner barring provident fund contributions and shall forward the said calculations to the petitioner within 3 (three) weeks from today. 31. ..... that suspension allowance is aimed at softening the rigours of non-payment of wages and the said allowance is not towards any service performed by an employee, but is purely aimed at keeping his body and soul together (which includes his family) while facing a departmental enquiry. 27. ..... union of india, [air 1987, sc 2257] has heavily criticized the act of the employer of carrying out deductions under different heads from the suspension allowance payable ..... the failure to pay adequate suspension allowance is a breach of section 10a, it was held that the same would amount to an unfair labour practice under item 9 of schedule iv of the m.r.t.u. .....

Controller of Estate Duty Vs. Bipinchandra M. Patel

Court : Mumbai

Reported in : (1990)92BOMLR504

..... the question involved in that case pertained to the determination of market value of the estate of the deceased under clause (b) of section 53(1) of the mysore court fees and suits valuation act, 1958. ..... it was in these circumstances that mysore high court held that for the purpose of the valuation of the estate of the deceased for the purpose of mysore court fees and suits valuation act, estate duty liability is to be taken into account. ..... by a disposition made by the deceased, unless, subject to the provisions of section 27, such debts or encumbrances were incurred or created bona fide for full consideration in money or money's worth wholly for the deceased's own use and benefit and take effect out of his interest, or(b) for any debt in respect whereof there is right to reimbursement from any other estate or person, unless such reimbursement cannot be obtained, or(c) more than once for the same debt ..... 53, the learned counsel for the department stated that that decision was distinguishable and karnataka high court itself took a contrary view in the case of smt v. ..... he further stated that gujarat high court, andhra pradesh high court, madras high court and allahabad high court have all in a number of cases also taken the same view as has been taken by the karnataka high court in smt. v. ..... identical question which is before us came up for consideration before karnataka high court in the case of smt. v. ..... 365, followed the karnataka decision and took the same view. .....

M. Sreenivasulu Reddy and ors. Vs. Kishore R. Chhabria and ors.

Court : Mumbai

Reported in : [2002]109CompCas18(Bom)

..... of law would be entertained (3) whether apart from the statutory violations, the plaintiffs had in common law the right to seek rectification of the share register (4) whether the plaintiffs had a legal personal right to maintain the suit (5) whether the post facto public offer could be made to cure the illegalities committed by the defendants or whether any such post facto offer should include such disputed shares also (6) what should be the interpretation ..... it is further stated that the suit was not maintainable and ought to be dismissed in limine on various grounds which are stated therein and which are principally as follows :(a) it is stated that the plaintiffs were acting in abuse of the process of the court and the suit was filed for subserving the interests of mr. ..... 'if a company refuses, whether in pursuance of any power under its articles or otherwise', shall be substituted ; (b) after sub-section (4), the following sub-section be inserted, namely : '(4a) every appeal under sub-section (3) shall be made by a petition in writing and shall be accompanied by such fee not exceeding fifty rupees as may be prescribed by the central government'. ..... such a concept was not defined under the regulations and if one turns to the companies act, the relation was defined under section 6 read with schedule 1a thereof. ..... state of karnataka [1991] suppl. ..... scc 727, which was also a case under the trade and merchandise marks act, 1958. .....