Judgment Search Results Home > Cases Phrase: kerala civil courts act 1957 1 Court: mumbai Page 8 of about 8,538 results (0.072 seconds)

NavIn Parekh Vs. Madhubala Shridhar Sharma and ors.

Court : Mumbai

Reported in : (1992)94BOMLR467

..... the present complaint, which is cryptic and wherein an attempt has been made to refer to evidence that will be subsequently produced, was a defective complaint and it is precisely this issue that fell for determination before the kerala high court which upheld an order of dismissal of the complaint on the ground that it was defective and does not disclose a cause of action.21. ..... in question in respect of defamatory statements made by him in the course of his duties as an advocate, the court ought to presume that he acted in good faith and upon instructions and ought to require the other party to prove express malice.the obligation of making out a case that the present petitioner who is an advocate had not acted in good faith and that he had acted maliciously is, therefore, condition precedent and in the absence of this necessary ingredient, the present prosecution ..... (f) that where the alleged imputations concern pending litigation that it is only after the civil proceedings have been adjudicated, can a grievance be made with regard to the justification or otherwise of the imputations and that so long as those proceedings are pending, a criminal complaint which proceeds on the assumption that the ..... principles enunciated in the aforesaid two decisions, though dealing with the position in civil law, lay down certain salutary tenets that would be applicable to all proceedings for defamation against a legal practitioner, both civil and criminal.17. mr. ..... a parallel from civil law, mr. .....

Damodar Mahadeo Patil Vs. Motiram Mahadeo Patil and anr.

Court : Mumbai

Reported in : 2003(1)ALLMR301; 2003(4)BomCR274

..... 489; secondly, on the ground that though the application under section 15 of the contempt of court act was presented in the court on 9-4-2002, suo motu cognizance of the civil contempt was taken by the court on 27-6-2002 in relation to the alleged offending act committed on 17-4-2001 and the same being beyond the period of one year from the date of the cause of action, it is barred by law of limitation and, therefore, on that count also the proceedings are liable to be dropped. ..... mani, (supra) the state had filed the petition complaining that the dignity and authority of the supreme court were undermined by the opponents by publishing a three column news on the front page of the newspaper 'the kerala kaumudi' on 5-5-1999. ..... in that connection, reliance is sought to be placed in the decision of the apex court in the matter of state of kerala v. m.s. ..... once it is clear that the present proceedings are not for criminal contempt but for civil contempt, the question of obtaining written consent of advocate general for initiation of such proceedings does not arise at all and, therefore, the decision of the apex court in the matter of state of kerala is of no assistance in the matter in hand.10. ..... in state of kerala v. m.s. .....

Hind Rubber Industries Pvt. Ltd. Vs. Tayebhai Mohammedbhai Bagasarwall ...

Court : Mumbai

Reported in : AIR1996Bom389; 1996(4)BomCR414; (1996)98BOMLR87

..... for all the aforesaid reasons, i haveno hesitation to conclude that the suit filed bythe plaintiffs is clearly and squarely coveredby section 28 of the bombay rent act and,therefore, can only be entertained and tried bythe court of small causes, greater bombayand the city civil court has no jurisdiction toentertain and try the suit filed by the plaintiffsand registered as long causes suit no. ..... (2)(a) notwithstanding anything contained in clause (aa) of sub-section (1), the district court may at any stage withdraw any suchsuit, proceeding or application pending in a court of small causes established for any area under the provincial small cause courts act, 1887, and transfer the same for trial or disposal to the court of the civil judge (senior division) having ordinary jurisdiction in such area). ..... the view of the kerala high court indr. v. ..... sakhardande, learned counsel for the plaintiff/ respondent strongly relied upon the judgment of kerala high court in dr. v. ..... in support 9f his contentions, the learned counsel for the plaintiff relied upon the division bench judgment of the kerala high court in dr. v. ..... pattiori ramadasan, : air1984ker181 wherein the kerala high court held thus - 'the more substantial point in dispute is the impact of the total destruction of the subject-matter of the lease. .....

Municipal Corporation of Greater Bombay and anr. Vs. Thakurdevi Shrini ...

Court : Mumbai

Reported in : 1986(1)BomCR40; 1985MhLJ581

..... to this conclusion because it held that the reference envisaged under section 503(1) was tantamount to an application to be made by the commissioner and since it is an application to the civil court, article 137 applied and that article provides for a period of limitation of three years from the date of the accruing of the cause of action.3. ..... of the residuary article in respect of the applications to be filed in the civil courts, namely article 181 of the 1908 limitation act and article 137 of the 1963 limitation act were subjected to a detailed review. ..... in the instant case the reference has been made by the commissioner to a civil court, namely the small causes court, and if that reference is held to be an application, as it has been held by the said court, then naturally article 137 would be attracted and if the reference has been made beyond a period of three years from the date of the dispute, then it would necessarily be barred ..... it may be true, as has been mentioned by the small causes court and as also has been pointed out by the supreme court in the kerala state electricity board's case, that an application can also be called ..... facts in kerala state electricity board's case, the petition was filed before filed before the district judge under section 16(3) of the indian telegraph act and it was held that the petition was an application falling within the scope of article 137 of the limitation act, 1963. ..... was indeed seriously considered in kerala state electricity board v. p. .....

Suba Transport Co. and anr. Vs. Phiroze Sethane Pvt. Ltd.

Court : Mumbai

Reported in : 1993ACJ77

..... have no jurisdiction to entertain any question relating to such claim in the said case since the claimant opted the option under the aforesaid proviso and approached the civil court, the division bench of this high court held that under section 9 of the civil procedure code the civil court has got power even to consider the damages as claimed for by the claimant in that case as regards the compensation paid by him under the workmen's compensation ..... the said proviso is as under:provided that where such claim includes a claim for compensation in respect of damages to property exceeding rupees two thousand, the claimant may, at his option, refer the claim to a civil court for adjudication and where a reference is so made, the claims tribunal shall have no jurisdiction to entertain any question relating to such claim.as per the said proviso, if the damage to the property is exceeding ..... /-, the owner of the property has an option to file the claim before the claims tribunal or to refer the said matter to the civil court under section 110(1) and, therefore, section 110-f does not bar such claim or compensation paid under workmen's compensation act and, therefore, the claimant is entitled to recover the said payment under section 13 of the act. ..... also relied on certain other decisions of assam and kerala high courts in state of assam v. ..... kudrolli then relied on the decision of kerala high court in oriental fire and general insurance ..... kumar dey and in general manager, kerala state road trans. .....

Suba Transport Company and anr. Vs. Phiroze Sethane Pvt. Ltd.

Court : Mumbai

Reported in : II(1994)ACC206

..... of a third party so arising, or both:provided that where such claim includes a claim for compensation in respect of damage to property exceeding rupees two thousand, the claimant may, at his option, refer the claim to a civil court for adjudication, and where a reference is so made, the claims tribunal shall have no jurisdiction to entertain any question relating to such claim.explanation-for the removal of doubts, it is hereby declared that the expression 'claims for ..... said proviso is as under:provided that where such claim includes a claim for compensation in respect of damages to property exceeding rupees two thousand, the claimant may, at his option, refer the claim to a civil court for adjudication, and where a reference is so made, the claims tribunal shall have no jurisdiction to entertain any question relating to such claim.as per the said proviso, if the damage to the property is ..... case since the claimant opted the option under the aforesaid proviso and approached the civil court, the division bench of this high court held that under section 9 of the civil procedure code, the civil court has got power even to consider the damages as claimed for by the claimant in that case as regards the compensation paid by him under the workmen's compensation act. ..... on certain other decisions of assam and kerala high courts in state of assam v. ..... then relied on the decision of kerala high court in oriental fire and general insurance ..... , and in general manager kerala state road trans. .....

Gadbad S/O Bhavdu Sonne Vs. Ramrao S/O Bhavdu Sonne

Court : Mumbai

..... having understood the meaning of the aforesaid terms, it can be seen that the first question question-a regarding the competency of the civil court to regularise the encroachments over forest land in light of the provisions of the said act would not arise as it is not the job of the civil court to regularise an encroachment but to adjudicate the rights of the parties making claim to any land save and except the limitations on its ..... what is due to one to whom it is due and, therefore, in the process of doing justice the function of the civil court is to determine rights of the parties litigating before it on application of law to the facts in a civil dispute and make declarations of the rights so determined and/or to pass injunctions, either mandatory or prohibitory, for enforcement of those ..... the honble apex court, in nature lovers movements case (supra), on adverting to the national forest policy, 1988 and the provisions of forest (conservation) act, 1980 ruled as follows in the appeal preferred against the judgment of the high court of kerala in the matter of assignment of forest land to unauthorized occupants/ encroachers after seeking ..... disposed of in the following terms: (1) the policy decision taken by the government of kerala to assign 28588.159 hectares of forest land to unauthorized occupants/ encroachers after seeking approval from the central government does not suffer from any legal infirmity and the high court rightly declined to interfere with the said decision. ..... kerala .....

Binod Rao Vs. Minocher Rustom Masani

Court : Mumbai

Reported in : (1976)78BOMLR125

..... act or in any rule made thereunder or in any order made under any such rule by the central government or the state government or by any officer not below the rank of collector empowered under sub-section (1) or sub-section (2$ of section 34 to make such order, the ordinary criminal and civil courts ..... place in cairo two colleagues of the late president nasser of the united arab republic, who were members of the revolutionary council which overthrew the egyptian monarchy, told the court that most of the decisions taken by president nasser were unilateral, that he ruled alone without consulting any of the members of the command, that they resigned protesting against ..... presidential orders issued under article 359 were advanced, based on the proclamation of emergency made on october 26, 1962 and the presidential order under article 359(1) issued thereafter, the supreme court held that the said proclamation and the presidential order did not preclude a citizen from challenging the validity of a legislative measure or any rule or order made thereunder on a ..... kerala high court has held that in spite of the proclamation of emergency it will always be open to the person detained to challenge the statute itself on grounds other than those relatable to the articles mentioned in the presidential order and also to contend that an order of detention was passed mala fide or that the authority which passed the order was not competent to exercise the power of detention conferred by the act ..... 1957 .....

Jeevanbhai R. Tandel Vs. V. Dockendale Shipping and ors

Court : Mumbai

Reported in : I(1997)ACC379; 1997ACJ336; 1997(1)BomCR185; (1996)98BOMLR67; [1996(74)FLR2440]; (1998)IIILLJ955Bom; 1996(2)MhLj435

..... the commissioner shall have all the powers of a civil court under the code of civil procedure, 1908 (5 of 1908) for the purpose of taking evidence on oath (which such commissioner is hereby empowered to impose) and of enforcing the attendance of witnesses and compelling the production of documents and material objects, (and the commissioner shall be deemed to be a civil court, for all the purposes of section 195, and of chapter xxxv of the code of criminal procedure, 1898 (5 of ..... section (2) of section 19 provides that no civil court shall have jurisdiction to settle, decide or deal with any question which is by or under the act required to be settled, decided or dealt with by a commissioner or to enforce any liability incurred under the act. ..... thus it is clear that the jurisdiction of the civil court is totally barred in respect of questions which is required to be settled, decided or dealt with by the ..... however, it requires to be noticed that the rule expressly states that save as otherwise expressly provided in the act or the rules, the following provisions of the first schedule to the code of civil procedure, 1908, namely, those contained in order v, rules 9 to 13 and 15 to 30; order ix, order xiii, rules 2 to 100; order xvi, rules 3 to 21; order xvii and order xxiii, rules 1 to 2 shall apply to proceedings before commissioner insofar as they may ..... learned single judge of the kerala high court in k.v. ..... also relied upon the decision of a single judge of the kerala high court in k.v. .....

Narendra V. Kanekar Vs. the Bardez-taluka Co-op. Housing Mortgage Soci ...

Court : Mumbai

Reported in : 2006(3)ALLMR673; II(2007)BC555; 2006(6)BomCR874; 2006CriLJ3111

..... the learned division bench of kerala high court has in terms not followed the said three decision noted hereinabove, including the judgment of this court in the case of ashwini ..... parthasarthy and anr (2005) (2) d c r 165 and has submitted that even a case where a claim for recovery in civil suit has become barred by limitation, a promise made in writing and signed by the executant to pay, becomes an agreement supported by consideration and such an agreement ..... answered by the division bench was that a cheque becomes a promise to pay under section 25(3) of the contract act, this view need not be followed by this court in the light of judgment of this court in the case ashwini satish bhat v. ..... petitioner, on the other hand, had submitted that the said judgment of the division bench in fact did not consider any case of any agreement or undertaking given under section 25(3) of the indian contract act, 1872, and therefore, would be inapplicable to the facts of the present case in the light of the judgment of this court in the case of ashwini satish bhat v. ..... the controversy in this revision is in relation to the explanation below section 138 of the act, which reads as follows:explanation : purposes of this section, 'debt or other liability' means a legally enforceable ..... bench judgment is relevant to the extent that it holds that a promise to pay in writing as per section 25(3) of the indian contract act, 1872, matures into an enforceable contract, which can be enforced by filing a civil suit. .....