Judgment Search Results Home > Cases Phrase: kerala civil courts act 1957 1 Court: mumbai Page 10 of about 8,538 results (0.115 seconds)

Mrs. Sanyogita Rane and Others Vs. Mrs. Manoramabai Rauji Rane (Since ...

Court : Mumbai Goa

..... no necessity to go into other aspects of the appeal, especially when on factual side, as detailed above, the decree, not appealed against by the present appellant, passed by the first appellate court, has become final between the parties, which has created a legal bar for the maintainability of the present appeal whereby the decree passed in the other suit has been assailed. ..... anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this act to the high court from the award, or from any part of the award of the court and from any decree of the high court passed on such appeal as aforesaid an appeal shall lie to the supreme court subject to the provisions contained in section 110 of the code of civil procedure, 1908, and order 45 thereof. ..... there were inventory proceedings taken out, in the year 1957, on the death of said zaidev zaitoji and 1/3rd of 2/3rd share of zaidev in the said property culona alongwith other properties was allotted to late zaiba rane sardessai; 1/3rd of 2/3rd share was ..... state of kerala and another (supra), it has been held that in spite of a petition for special leave to appeal having been filed, the judgment, decree or order against which leave to appeal has been sought for, continues ..... state of kerala and another [air 2000 sc 2587(1)], wherein it has been held thus: in spite of a petition for special leave to appeal having been filed, the judgment, decree or order against which leave to .....

Vilas Arjun Patil and Others Vs. The State of Maharashtra

Court : Mumbai

..... mahesh (supra), the division bench of the kerala high court held that the offences are exclusively triable by the magistrate of first class and has taken a view that if the offences under the penal code have been clubbed alongwith the offences under the act, separate charges have to be framed. ..... learned prosecutor submitted that the objections on the jurisdiction of the sessions court of trying the offences under the child marriage act, is raised for the first time in the appeal. ..... , indian penal code, then the trial under the special act ought to have been conducted by the judicial magistrate and the sessions court is not a court having jurisdiction under the statute. ..... (supra), while deciding the civil appeal involving the question of property, the hon'ble supreme court has observed that the decree passed by the court without jurisdiction is a nullity and its invalidity can be set up at any stage and the defect of jurisdiction strikes at the very authority of the court and it cannot be cured by consent of the parties. ..... emperor (air 1945 all 340) thus: there is, i think, a great deal of difference between a case in which the sessions court is enjoined in certain circumstances not to take cognizance of an offence and a case in which the sessions court is not a court of competent jurisdiction in relation to that offence. ..... this ratio is not of the use to the defence as it is a civil matter and procedure laid down in the criminal law is altogether different. .....

Rashmikant Kundalia and Another Vs. Union of India and Others

Court : Mumbai

..... ) 4 scc 675 : 1982 scc (tax) 30] is an authority for the proposition which has been stated herein, namely, when a law of the legislature encroaches on the civil rights and civil liberties of the people mentioned in part iii of the constitution (the fundamental rights), such as freedom of speech, freedom of movement, equality before law, liberty, freedom of religion ..... matters, and in this age of specialisation when policies have to be laid down with great care after consulting the specialists in the field, it will be wholly unwise for the court to encroach into the domain of the executive or legislative (sic legislature) and try to enforce its own views and perceptions. 22. ..... the hindu women's right to property act, 1937 was construed by the federal court in hindu women's rights to property act, 1937, in re [air 1941 fc 72] to mean property other than agricultural land , otherwise the act would have become unconstitutional. 68. ..... for dis-service was essentially in the nature of a penalty, and since the legislature had categorically termed the levy under section 234e of the act as a fee , it necessarily could be levied only in the event the government was providing any service or any special service. ..... the perspective as set out in the aforesaid judgment, we are of the clear view that section 234e of the income tax act, 1961 does not violate any provision of the constitution and is therefore intra vires, constitution of india. 23. ..... state of kerala [(1979) 1 scc 23 : air 1979 sc 83] scc .....

Sumanbai Vs. Anandrao Onkar Panpatil

Court : Mumbai

Reported in : AIR1976Bom212

..... the facts and circumstances of the case, notwithstanding that the wife has not filed any appeal against the order passed by the civil judge, i think that this court has power to pass think that this court has power to pass a just and proper order under section 25(1) of the hindu marriage act awarding maintenance to the wife from the date of her removal under section 100 of the code of criminal procedure at the ..... laid down that when the wife is stated by the husband to be living the life of a prostitute and in the environments of immorality without any proof of these allegations, she can legitimately ask the court to give a finding that she has a reasonable apprehension in her mind about the harmful or injurious effect of living in the matrimonial home. ..... shenoi further submitted that under section 25 of the hindu marriage act any court exercising jurisdiction under this act may at the time of passing any decree or at any time subsequent thereto on application made to it for the purpose by either the wife or the husband, as the case may be, order that the ..... shenoi submitted that the learned assistant judge erred in law in recording a vague finding with regard to section 23 of the hindu marriage act without applying his mind to the facts and circumstances, which clearly showed that the petitioner-husband was taking advantage of his own wrong in filing the petition for restitution of ..... proposition, she relied on a decision of a division bench of the kerala high court in sarah abraham v. .....

Mehta Construction Company Vs. State of Maharashtra and Another

Court : Mumbai

Reported in : (1981)83BOMLR625; 1981MhLJ835; [1981]48STC398(Bom)

..... the limitation act, 1963, applied also to periods of limitation prescribed by any special or local law in respect of any appeal or application before a tribunal or authority other than a civil court and that, therefore, section 5 of the new limitation act applied to an application for reference made under the old bombay sales tax act, 1946. ..... an appeal or an application in revision on sufficient cause being shown had been conferred upon an appellate authority and the tribunal as a revising authority, such power being similar to the power conferred upon courts by section 5 of the limitation act, 1963, but no such power had been conferred upon the tribunal in the case of an application for reference, the said section 5 must be held to be impliedly excluded in the case of ..... guj) has held that the income-tax appellate tribunal is not a court but is merely a tribunal exercising the judicial power of the state, and as the provisions of the limitation act, 1963, are not intended to be made applicable to proceedings before authorities other than courts governed the code of civil procedure or the code of criminal procedure, section 5 of limitation act, 1963, will not apply to an application for reference made to ..... time required by the petitioners for obtaining a certified copy of the judgment of the tribunal against which a reference to this high court was sought to be made was excluded in computing the prescribed period of limitation of ninety days from the date of the communication ..... kerala .....

Automobile Corporation of Goa Ltd. Vs. State of Goa and ors.

Court : Mumbai

Reported in : (1995)IIILLJ433Bom

..... to treat that obligation as the imposition of adverse civil consequences would be an artificial and uncalled for stretching of the concept of civil consequences, about which the supreme court has already given helpful indications 1984 (2) llj .400 ..... by order dated 28th june, 1991, the government of goa exercising powers under section 10(1)(d) of the industrial disputes act, 1947, made a reference to the industrial tribunal, goa, daman and diu at panaji, goa, as indicated in the schedule thereto ..... one of the major contentions before that court was on the adverse civil consequences that follow. ..... a mere reference by the government does not involve any adverse civil consequences and consequently, there is no obligation whatever to give a hearingto the parties, before the actual reference is made by the government in exercise of its administrative powers ..... our views are strengthened by the view taken by the division bench of the kerala high court in abdul rahman haji v. ..... if that be so, there could not be any difference in relation to a subsequent exercise of that power, which under the decisions of the apex court, the governmentis possessed of in the matter. ..... it is necessary to bear in mind that right from 1950, the nature of the power exercised by the government acting under section 10 has been emphasised as being of an administrative character. ..... there were further attempts under the industrial disputes act to have a proper resolution of the issue relating the action taken against the workmen .....

Moayyed Tayabally Boxwala and ors. Vs. Smt. Vijaya Pawankumar

Court : Mumbai

Reported in : (1997)99BOMLR231

..... otherwise in view of i he bar under section 85 of the tenancy act, civil court is precluded from looking into the mailer. ..... could be decided by the civil court and the same could be set aside in a civil proceeding. ..... lastly, it is contended that the clause for seeking permission under section 63 of the tenancy act was superfluous, since the plaintiff was already an agriculturist and as such no permission was necessary ..... counsel appearing for the original plaintiff has strenuously urged that on proper consideration of the relevant clause reproduced in the plaint, the obligation of obtaining such permission would be on the vendor and as such trial court was not justified in denying the specific performance on this count.3. ..... civil judge, senior division, thane by the impugned judgment and decree dismissed the civil suit for specific performance of a contract dated 23rd august, 1979, inter alia, on the ground that the plaintiff (original vendee) failed to perform his part under the contract viz-obtaining of the permission from the revenue authority as envisaged by section 63 of the bombay tenancy and agricultural lands act, 1948 (for short, the tenancy act).2. ..... support of this proposition, the learned counsel relied upon a decision of the kerala high court in the case of padmanabha v. ..... the trial court has rightly held that there is a failure on the part of the plaintiff to perform his part under the contract and for which reason, the learned judge was justified in refusing to grant any .....

Rajkumar S/O Pundlikrao Zape and ors. Vs. Shantaram Amrutrao Waghmare,

Court : Mumbai

Reported in : 2008(4)ALLMR747; 2008(6)BomCR81; 2008(3)MhLj209

..... he submitted that if a district judge rejects the application for condonation of delay in preferring the appeal before him under section 96 of the code of civil procedure, every such litigant would have to necessarily prefer second appeal if it is an order dismissing of an appeal. ..... shri khapre, learned counsel for the appellants, then contended that the appeal could not be entertained under section 70 of the bombay public trust act on applying the analogy as laid down in the decision of this court in : 2004(4)mhlj69 (chandu jagannath ambekar and anr. v. ..... all the same, it is clear that application under section 5 of the limitation act alone cannot be presented or entertained unless a substantive proceeding such as appeal or application is also presented along with it. ..... application under section 5 of the limitation act is merely a subsidiary proceeding or in aid of the party, who could not come to court within time prescribed. ..... the enquiry is remitted back to the assistant charity commissioner with a direction that he shall allow the applicants in application under section 22 of the bombay public trust act to tender evidence/affidavit on delay condonation application and then decide the application under section 22 of the bombay public trust act as well as application for condonation of delay according to law. ..... ) has observed as follows the question was considered in extenso by a full bench of the kerala high court in thambi v. .....

Jacinto Minguel De Quadros Barretto and ors. Vs. Haridas Maruti Kamat,

Court : Mumbai

Reported in : 2006(1)ALLMR441; 2006(2)BomCR84; (2005)107BOMLR879

..... acquisition act, 1894 states that the code of civil procedure will apply to proceedings before the court save in so far as the provisions of the code of civil procedure are inconsistent with anything contained in the said act. ..... party tendering the evidence, for two reasons: firstly, it enables the court to apply its mind and pronounce its decision on the question of admissibility then and there; and secondly, in the event of finding of the court on the mode of proof sought to be adopted going against the party tendering the evidence, the opportunity of seeking indulgence of the court for permitting a regular mode or method of proof and thereby removing ..... the respondents having not objected to the production of the xerox copy of the said document before the learned reference court , it is too late in the day now before this court in appeal to contend that the said document ought to be discarded as it was not proved by production of ..... on behalf of the appellants, shri usgaonkar, the learned senior counsel, has submitted that the learned reference court ought to have adjudicated the plea of prescription raised by the appellants against the communicatesince the communicateon one hand had not claimed the said compensation before the land ..... a30 and a34 having been admitted in evidence, without any objection, the high court had erred in holding that the said documents were inadmissible being photo copies, the original of ..... the full bench of the kerala high court in the case of thevaril .....

Bhaskarrao Onkar Deshpande Vs. Pushpa W/O Prabhakar Joshi and ors.

Court : Mumbai

Reported in : (1996)98BOMLR816

..... therefore, valid discharge binding on the family, therefore, whenever the question of joint family property and right to institute suit with disability by more than one person as required under section 7 is considered, the courts have always found that the person who stands removed from the disability first in point of time if is in a position to give discharge to others who are still under disability, the period will start ..... padmanabhan channar : air1969ker163 , the full bench of the kerala high court had an occasion to consider the provisions of sections 6 and 7 and of the limitation act and it has been observed that the time will start to run against the plaintiff when the cause of action is a joint when one of the members is manager of the joint family ..... , however, that under order 1, rule 1 of the code of civil procedure, a person suing for himself and praying for one particular remedy, could have joined in that suit another cause of action vesting in his minor brother for whom he could have acted as next friend will not bring the suit within the ambit of the ..... the district judge, buldana in regular civil appeal no. ..... district judge, buldana on 30th september, 1982 whereby the judgment and decree passed in regular civil suit no. ..... judgment and decree passed in regular civil appeal no. ..... civil judge, junior division, buldana on 28th september, 1979 dismissing the suit of the plaintiffs/respondents 1 to 6, was reversed and thereby it was declared by the district judge, buldana that the .....