Court : Mumbai
Reported in : AIR1992Bom435; 1992(3)BomCR494; (1992)94BOMLR984
..... notification issued by the provincial government and published in the official gazette. simultaneously with the passing of the above act, the bombay legislature also enacted act no. xli of 1948 called the bombay high court letters patent amendment act 1948. by s. 3 of that act, clause 12 of the letters patent was amended by adding the following words; 'the high court shall not have such original jurisdiction in cases falling within the jurisdiction of the small causes ..... of public interest litigation has filed this writ petition under article 226 of the constitution of india challenging the constitutional validity of the bombay city civil court and bombay court of small causes (enhancement of pecuniary jurisdic-tion and amendment) act, 1986 (maharashtra act no. xv of 1987) -- hereinafter referred to as 'the impugned act'. 2. apart from challenging the competency of the state legislature as regards the impugned ..... of the state government to implement the impugned actwithout providing infra-structure as recommended by the high court. the high court exercises judicial and administrative control over the subordinate courts in the state of maharashtra. it would be a matter of concern for the high court to see that the litigants in courts do not suffer hardship due to want of adequate infra-structure. under the constitutional scheme, the .....Tag this Judgment!
Court : Mumbai
Reported in : (1987)89BOMLR356; 1987MhLJ503
..... we deal with this issue it will be necessary to refer to certain provisions contained in civil procedure code, 1908, clause 12 of the letters patent as amended by the bombay high court letters patent (amendment) act, xli of 1948, bombay city civil court act and the trade and merchandise marks act, 1958. to put it briefly the question that has been posed under this issue is, in view of the pecuniary valuation ..... however could not be sold for want of buyers. collector issued certificate of transfer of right, title and interest in the building under section 100 of the maharashtra co-operative societies act in favour of bank. since vacant possession could not be obtained as the tenants/occupants resisted, the bank applied to the deputy registrar, co-operative societies ..... three issues were tried as preliminary issues:-'(1) whether it was obligatory for the plaintiffs to give to the defendants statutory notice under section 164 of the maharashtra co-operative societies act, 1960 as alleged in paragraph 1 of the written statement ?(2) whether in the absence of such notice the suit is not maintainable as alleged ..... in paragraph 2 of the plaint, the plaintiff has stated as follows:'the defendant is a co-operative society having its registered office at pravaranagar, taluka shrirampur, district ahmednagar, maharashtra, and is carrying on business, inter alia, of manufacturing and sale of alcoholic drinks and beverages including whisky.'in paragraph 37, the plaintiff has averred as under :-'37 .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1980Bom123
..... said bombay high court letters patents (amendment) act, 1948 (bombay act xli of 1948), making the amendment set out earlier to clause 12 of the letters patent. at the same time the legislature took the opportunity by this amendment to abolish the concurrent jurisdiction which this high court possessed in suits of which the subject-matter exceeded one hundred rupees in value and which were triable by the bombay presidency small cause court. the bombay city civil court act, 1948, and the bombay high court letters patents act, 1948, were ..... that section 41 of the presidency small cause courts act as substituted by maharashtra amendment act xix of 1976 confers concurrent jurisdiction upon the presidency small cause court at bombay to try suits of the nature specified in the said section and does not take away the jurisdiction which this high court on its original side or the bombay city civil court possessed prior to the coming into force of the ..... the said notice of motion the defendant inter alia contended that by reason of section 41 of the presidency small cause courts act. 1882, as substituted by the presidency small cause courts (maharashtra amendment) act, 1975 (mah. act xix of 1976), the presidency small cause court at bombay had been conferred exclusive jurisdiction to try suits between a licensor and licensee relating to the possession of an immovable property .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(6)ALLMR33; 2008(6)MhLj436
..... jamshed n. gazdar (supra). in that matter the issue was about the constitutional validity of the bombay city civil court and bombay court of small causes (enhancement of pecuniary jurisdiction and amendment) act, 1986 (maharashtra act xv of 1987) and maharashtra high court (hearing of writ petitions by division bench and abolition of letters patent appeals) act, 1986 maharashtra act xvii of 1986, which has received the ascent of the president on 28.02.1986. the ..... not put it on higher pedestal. in any case, in the light of the specific clause (4), the orders passed under the maharashtra universities act, 1994 are amenable to the jurisdiction of the learned single judge under the bombay high court, appellate side rules, 1960.5. in our considered view, the impugned order passed by the university and college tribunal in the present writ petition ..... -1997. the clauses which are not reproduced deal with the orders passed under various enactments like payment of gratuity act, bombay prohibition act, maharashtra land revenue code, bombay stamp act, electricity (supply) act, 1948, indian railways act, motor vehicles act, maharashtra universities act etc.the relevant portion of section 53 of the 1998 act, reads as follows:1) there shall be a grievance committee in each university to deal with the grievance of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2005SC862; 2005(3)BomCR139; JT2005(1)SC370; 2005(2)MhLj392; 2005(1)MPHT497; 2005MPLJ181(SC); (2005)2SCC591; 2005(2)LC812(SC)
..... relating to the bombay city civil court act, 1948 (for short `the 1948 act'). 1948 act was passed by the provincial legislature of bombay on 10th may, 1948 with a view to 'establishing an additional civil court for greater bombay'. the said act came into force on 16th august, 1948. at about same time the bombay legislature also passed the letters patent (amendment) act, 1948 (act no. 41 of 1948) amending clause 12 to exclude the original jurisdiction of the high court as regards cases ..... bench of the bombay high court and upheld the validity of the notification enhancing the jurisdiction to rs. 25,000/- rejecting the contention that 1948 act itself was ultra vires the provincial legislature by reason of it being an encroachment upon the field of legislation reserved for the center under the govt. of india act, 1935. maharashtra civil court (enhancement of pecuniary jurisdiction and amendment) act, 1977 (act no. xliv of ..... stated therein. this by itself does not militate against the view that we are inclined to take. 56. the observations in state of maharashtra v. kusum charudutt bharma upadhye : (1981)83bomlr75 were pressed in service in support. all that the bombay high court said is: '......under the constitution, parliament has by ordinary law the power to constitute and organize, that is, to create, new .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2006Bom273; 2006(6)ALLMR298
..... that the challenge to the amendment to the bombay city civil court act, 1948 by maharashtra act 15 of 1987 in jamshed n. guzdar v. state of maharashtra : air2005sc862 has now been rejected by the apex court and the power of the state legislature to enact the law has been upheld. it may also be noted that whether letters patent is an instrument or not ..... that the letters patent dated 20-12-1865 continues to govern the jurisdiction of the high court of bombay and that clause 11 of the letters patent clearly provides that the high court ..... , j. on the other hand, noted that the letters patent is traceable to an act passed by british parliament known as 'the indian high courts act, 1861', which authorities the crown to issue letters patent for charters for the purpose of empowering the high courts of judicature at fort william in bengal and at madras and bombay i.e. the three presidencies. the learned judge noted ..... land acquisition reference no. 58 of 1987. in his order dated 6-8-2004, dharmadhikari, j. took the view the district court as defined under section 2(b) of the act is the high court in exercise of its ordinary original civil jurisdiction and referred the matter to the learned chief justice for assigning the matter to a larger .....Tag this Judgment!
Court : Mumbai
Reported in : 2001(4)ALLMR143; 2001(3)BomCR652
..... maharashtra act no. 24 of 1984 vide section 6(1). in our judgment, this brought about a sea change and makes a world of difference to the appellant's, case. relying on the non obstante clause, and the amendment carried out to clause 12 of the letters patent by this court and the non obstante clause in section (3) of the bombay city civil court act. 1948, this court ..... in nagin mansukhlal dagli case came to theconclusion that a suit falling within the contemplation of section 41 was exclusively triable by the small causes court and the high court on the original side ..... is that a petition under the arbitration act comes up before a single judge of the high court on its original side for purely fortuitous reasons. it happens in the city of mumbai on account of the original jurisdiction exercised by the high court under the letters patent. elsewhere, such jurisdiction is exercised by the principal civil court of original jurisdiction in a district. ..... should be determined :on the basis of the material produced in the arbitration proceedings and referred to clause 2(b) of the minutes of the order passed by the high court while making reference to arbitration. after appreciating evidence led by the appellant itself, with regard to different instances of sales in the local area, the learned arbitrator has .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1998Bom107; 1997(4)ALLMR698; 1997(3)BomCR178
..... its original side. rejecting this argument it was held that this argument overlooks two very important statutory provisions viz. the amendment to clause 12 of the letters patent of the high court and section 3 of the bombay city civil court act. the extent and limits of original civil jurisdiction of the high court are prescribed by the said clause 12. as originally enacted the said clause 12 empowered this ..... was framed.'whether by reason of the provisions of section 41 of the presidency small cause courts act, 1882, as substituted by the presidency small cause courts (maharashtra amendment) act, 1975 (maharashtra act xix of 1976), this court has jurisdiction to entertain and try the suit.?'on the facts of that case this court came to the conclusion that before termination there was a valid licence and, therefore, the suit ..... changes or rent thereof, to which the provision of the bombay rents, hotel and lodging house rates control act, 1947 the bombay government premises (eviction) act, 1955, the bombay municipal corporation act, the bombay housing: board act, 1948 or any other law for the time being in force, applies.' counsel has relied on a division 'bench judgment of this court in the case of nagin mansukhlal dagli v. haribhai manibhai .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1990Bom299
..... which do not appear to have been noticed by the madras high court in the aforesaid ruling.63. it is common ground before me that the letters patent could be amended by the legislature. for that matter reference may be made to bombay act xli of 1948 viz., the bombay high court letters patent (amendment) act, 1948 which amended the letters patent. likewise, the matrimonial jurisdiction which the high court was exercising whether under cl. 35 or clause 12 of the ..... in relation to the guardianship arising outside the territorial limits of the areas of the family courts but within the state of maharashtra would be cognizable by the high court under clause 17 of the letters patent.if the scope of clause (g) of the explanation to section 7 of the act is undestood in the aforesaid manner then the provisions of sections 7 and 8 of ..... irrelevant. referring to the family court rules framed by the state of maharashtra and the high court, on which mr. dada also commented, as noted earlier, mr. mehta submitted that if a high court was included in the definition of the district court under the family courts act, then rule 35 of the maharashtra family court rules and rule 50 of the family courts (court) rules of the high court rules would bring about a .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 134CompCas678(SC); (2006)5CompLJ511(SC); JT2006(7)SC333; 2006(7)SCALE668; 70SCL222(SC)
..... and ors. reported in : 2004(3)bomcr317 . in that case, the high court took the view that despite the amendment in section 100a of the code of civil procedure, order passed by the single judge ..... shall lie before the division bench of the high court under section 483 of the act. but that is not the situation in the present case. therefore, this decision cannot be of any help to respondents.19. in this connection, our attention was invited to a decision of the bombay high court in the case of maharashtra power development corporation limited v. dabhol power company ..... can be taken away by a subsequent enactment either expressly or by necessary intendment. the parliament while amending section 100a of the code of civil procedure, by amending act 22 of 2002 with effect from 1.7.2002, took away the letters patent power of the high court in the matter of appeal against an order of learned single judge to the division bench. section ..... have explained section 100a of the code of civil procedure to indicate that the power was specifically taken away by the legislature. therefore, the view taken by the bombay high court in the case of maharashtra power development corporation (supra) cannot be said to be the correct proposition of law.20. in this connection, our attention was invited to a constitution bench .....Tag this Judgment!