Court : Mumbai
Reported in : (1981)83BOMLR75; 1981MhLJ93
..... challenged the constitutional validity of the amendments made in section 217 of the bombay municipal corporation act (bom. ill of 1888) by section 5 of the maharashtra municipal corporations (amendment) act, 1975 (mah. lxiii of 1975). the said petition was heard and disposed of by pendse j., sitting singly, in pursuance of rule 623 of the rules and forms of the bombay high court (on the original. side), 1957 ..... clause 15 of the letters patent in its finally amended form. broken up into its component parts clause 15 would read as follows:an appeal shall lie to the said high court of judicature at bombay-(1) from a judgment,(2) of one judge of the high. court or one judge of any division 'court, (if) pursuant to section 108 of the government of india act, not being-(a) a ..... tribunal under any enactment but also orders passed by any other authority or tribunal under the bombay tenancy and agricultural lands act, 1948, or the bombay tenancy and agricultural lands (vidarbha region and cutch area) act, 1958, or the hyderabad tenancy and agricultural lands act, 1950. (maharashtra government gazette, part iv c, dated july 16, 1964 pp. 914-915). it is because applications under article 226 and .....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 : Mumbai
Reported in : 2000(2)BomCR244; II(2000)DMC292
..... constitution and not age old customs. x. concept of parens patriae: 31. clause 17 of the amended letters patent of the high court of judicature for the presidency of bombay reads as under :--- 'and we do further ordain that the said high court of judicature at bombay shall have the life power and authority with respect to the person and estate of infants, idiots ..... writs in the nature of mandamus or any other direction or order. this is the constitutional power conferred on the high court. apart from this constitutional power this high court also exercises the powers conferred on it under the amended letters patent. by virtue of clause 17 as already stated, it has jurisdiction over infants. this jurisdiction has been traced and ..... nothing has emerged inspite of the readiness of christian community in the country to accept the bill on adoption & maintenance. the maharashtra legislative assembly introduced a bill on 9th august, 1995 known as 'maharashtra adoption act, 1995'. the act was made applicable to every person adopting a child in the state irrespective of the persons's religion, caste and creed. ..... 1992)illj475sc the issue arose out of applicability of provisions of the employees' state insurance act, 1948. while considering the ambit of article 21 the court also considered article 25(2) of the universal declaration of human rights, 1948. while disposing of the petition, the apex court observed as under:---'the right to social justice is a fundamental right. right to livelihood .....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
..... a right of appeal is provided in the charter of the high court as, for instance, under clause 15 of the letters patent of the bombay high court. equally, article 227 is not an original proceeding and an intracourt appeal does not lie against the judgment of a learned single judge of the bombay high court given in a petition under article 227 of the constitution by ..... sc 185 a right of appeal under clause 15 of the letters patent where a substantial part of the order appealed against is under article 226 of the constitution.14. a similar view has been enunciated by a full bench of this court in jagdish balwantrao abhyankar vs. state of maharashtra,21 where the conclusions have been formulated as follows :"(i) ..... a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high court's power under article 227. at the same time, it must be remembered that such statutory amendment does not correspondingly expand the high court's jurisdiction of superintendence under article 227.(k) the power is discretionary and ..... his valuable right of an intracourt appeal under clause 156 of the letters patent."15. in lokmat newspapers pvt. ltd. vs. shankarprasad,22 a complaint filed by the respondent under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, was dismissed by the labour court and the dismissal of the complaint was affirmed in revision by the .....Tag this Judgment!
Court : Mumbai
..... related to the payment of an annual cash bonus to class iii and iv employees shall not have any force or effect from 1 april 1975. the letters patent appeal was withdrawn before the calcutta high court as a result of which, the mandamus issued by the learned single judge attained finality. in this context, hon'ble mr.justice p.n. bhagwati, speaking for ..... calcutta high court by the association of employees, a learned single judge issued a writ of mandamus, directing lic to act in accordance with the terms of settlement and a writ of prohibition restraining lic from refusing to pay the cash bonus along with the salary for the month of april 1976. in the meantime, legislation was enacted during the pendency of a letters patent ..... on a proportionate basis. section 41bb 7. on 27 march 2001, the budget for 2001-02 introduced the provisions of section 41bb by proposing an amendment to the bombay sales tax act, 1959. section 41bb which was inserted by maharashtra act 22 of 2001 provided as follows: ??41bb.-- proportionate incentives to an eligible unit in certain contingencies.-- (1) notwithstanding anything to the contrary contained in ..... legislative intent was not clearly brought out. by means of the amending act the legislature wanted to make clear its intent (at para 16 page 222). ? in that case, section 3-d of the u.p. sales tax act, 1948 levied a single point tax on the turnover of first purchases made by a dealer in the case of foodgrains including cereals and pulses .....Tag this Judgment!
Court : Mumbai
Reported in : AIR2000Bom211; 2000(2)ALLMR48; 2000(2)BomCR556
..... of gujarat have not been taken away nor can it be said that bombay high court is divested of its admiralty jurisdiction with respect to area of state of gujarat by virtue of provisions of the bombay reorganisation act, 1960. the plaintiffs, thus, asserted that this court has jurisdiction under clause 32 of letters patent to try the suit filed by the plaintiffs since the admiralty jurisdiction of ..... 1960,the state of gujarat shall have a separate high court and the high court of bombay shall become high court for the state of maharashtra. under section 30, the high court of gujarat has all jurisdiction, power and authority of the high court of bombay in respect of the territories or part thereof constituting state of gujarat. section 37(1) provides that the high court of bombay shall have no jurisdiction in respect of transferred ..... of orissa v. titaghur paper mills co. ltd., : 3scr26 . we are of the opinion that in view of the clear provisions of section 7(2) of the criminal law amendment act, 1952 and articles 14 and 21 of the constitution, these directions were legally wrong.24. the decisions which are given in ignorance or forgetfulness of some inconsistent statutory provisions or .....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 : Supreme Court of India
Reported in : AIR1981SC1786; 1981(3)SCALE1169; (1981)4SCC8; 1SCR187
..... the import and meaning of the word 'judgment' we now proceed to deal with the specific question after interpreting clause 15 of the letters patent of the bombay high court and the corresponding clauses of letters patent of other high courts. we shall endeavour to interpret the connotation and the import of the word 'judgment' particularly in the light of pertinent and pointed observations ..... scope, ambit and meaning of the word 'judgment' appearing in clause 15 of the letters patent of the bombay high court and corresponding clauses in the letters patent of other high courts. we might mention here that the significance of the word 'judgment' assumes a special importance in those high courts which have ordinary civil jurisdiction depending on valuation of the suit or the action. these ..... appeals from appellate decree and section 100a which has been introduced into the code w.e.f. 1.2.1977 by the amending act, 104 of 1976 provides that notwithstanding anything contained in letters patent for any high court or in any other instrument having the force of law or in any other law for the time being in force, where ..... bombay high court in the first instance. before i deal with the contentions urged by the counsel for the respective parties, it will be convenient to consider the relevant provisions of the code. section 1 of the code makes it clear that the act is applicable to whole of india excepting the places mentioned in the said section and the act, therefore, applies to maharashtra .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2008(56)BLJR3072; 2008(6)BomCR591; [2008(119)FLR670]; (2009)ILLJ247SC; (2009)1MLJ195(SC); 2008(12)SCALE792:2008AIRSCW7409
..... of the high court of bombay, 1865 (in short the `letters patent'). it is submitted that the division bench did not take note of what has been stated by several judgments ..... letters patent appeal filed by the appellant. writ petition filed by the appellant was dismissed on the ground that the same was not maintainable.3. learned counsel for the appellant submitted that the impugned order of the division bench is clearly unsustainable. reference is made to rules 3 & 18 of the bombay high court appellate side rules, 1960 (in short the `rules') with the amended letters patent ..... substantial part of the order sought to be appealed against is under article 226. rule 18 of the bombay high court appellate side rules read with clause 15 of the letters patent provides for appeal to the division bench of the high court from a judgment of the learned single judge passed on a writ petition under article 226 of the constitution ..... applications under article 227 of the constitution read with article 226 of the constitution arising out of:xxx(41) the order passed under the maharashtra employees of private schools (conditions of service) regulation act, 1977.(44) orders passed by the different committees constituted by the state government for verification of the claims of scheduled cast and scheduled .....Tag this Judgment!