Court : Mumbai
Reported in : 2008(6)ALLMR674; 2008(5)BomCR513; [2008(119)FLR641]; (2009)ILLJ491Bom
..... such right can be taken away by a subsequent enactment, either expressly or by necessary intendment. 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 the learned single judge to the division bench. section ..... under the industrial disputes act, 1947, the bombay industrial relations act, 1946 and the mrtu & pulp act, 1971 as the employees' insurance courts. as per rule 5 of the maharashtra judicial officers of the courts of enquiry, labour courts, industrial courts (recruitment, appointment and disciplinary action) rules, 1999, the mode of appointment of the member - industrial court shall be:(a) by promotion, on the recommendation of the high court of a suitable ..... was under challenge and the learned judge of the employees' insurance court was pleased to dismiss application (esi) no. 18 of 1993 filed under section 75 of the employees' state insurance act, 1948 ('the esi act' for short). it appears that the sub-regional office of the appellant - corporation at pune had by its letter dated 17/8/1993 informed the company regarding the coverage of .....Tag this Judgment!
Court : Gujarat
Reported in : (2003)1GLR537; (2003)3GLR1878
..... to cover all tribunals which were basically courts performing judicial functions giving judgments which were binding ..... was not maintainable against the judgment of a single judge of the high court in numerically second appeal, without the certificate of the single judge who passed the judgment that the case is a fit one for appeal. by section 100a inserted by the code of civil procedure (amendment) act, 1976, the letters patent appeal against the decision of a single judge in numerically 'second' appeal ..... and labour courts are courts subordinate to the high court within the meaning of article 235 of the constitution, and therefore, appointments of judges in those courts will have to be made in consultation with the high court. the court also quoted with approval the decision of a full bench of the bombay high court in the case of shripatrao dajisaheb ghatge v. state of maharashtra : air1977bom384 , wherein the term 'courts' was held .....Tag this Judgment!
Court : Mumbai
Reported in : 2000(1)BomCR198
..... the bombay presidency, as that which was vested in the said high court immediately before the publication of these presents.'a co-joint reading therefore of section 3 of the guardians act and clause 17 of the letters patent of this court would make it clear that whatever powers were vested in the high court before the amended letters patent would be vested in the high court in terms of the present letters patent. ..... that case petition had been filed for appointment of a guardian before this court invoking clause 17 of the letters patent and section 3 of the guardians and wards act. the children in respect of whom orders for appointment of guardian were sought were not from the state of maharashtra. they were brought in for the sole purpose of being sent for adoption ..... in a foreign country. it is in that context that a learned single judge of this court ..... observed as under:- 'now what are the facts and circumstances in the present matters. indisputably the minors were brought from various states to bombay, not with the intention that bombay should be their permanent home or for their rehabilitation in the state of maharashtra. indisputably, they were brought to bombay for one solitary purpose, namely, .....Tag this Judgment!
Court : Mumbai
Reported in : 1988(3)BomCR1; (1988)90BOMLR292
..... petitioner, has, before proceeding to make submissions on the merits of the petition, sought to contend that in view of the amendment which has been made to section 12(3) of the bombay rent act by the maharashtra act no. xviii of 1987, this court should fix a date for the payment of arrears of rent and if is only if the petitioner does not pay ..... appeal against the said decision was also dismissed. the matter went in revision to the high court. the question whether the revisional jurisdiction could be exercised by the high court when there was a finality attached to the appeal. it was noticed that the amending section giving revisional powers to the high court had come into force before the appellate authority decided the matter. the necessary inference ..... would be useful to refer to the judgement of a division bench of this court on a similar question under the goa, daman and diu buildings (lease, rent, and eviction) control act, 1968 (hereinafter referred to as 'he goa rent act' in shri eknath kira akhadkar v. administrative tribunal), (letter patent appeal no. 6 of 1983 decided on 12th of october, 1984 by k. madhava ..... held that the first hearing of the suit is when, after framing of issues, the suit is posted for trial, that is, production of evidence. the supreme court adopted as correct the decision of the high court regarding the meaning of the expression 'at the first hearing of the suit'. 'the first hearing of the suit', therefore, cannot under any circumstances be earlier .....Tag this Judgment!
Court : Mumbai
Reported in : 1999(3)ALLMR188; 1999(4)BomCR273; (1999)2BOMLR609; 2000(3)MhLj268
..... state to which this act extends: and nothing in this act shall be construed to effect or in any way derogate from the jurisdiction or authority of any court of wards, or to take away any power possessed by any high court. clause 17 of the amended letters patent of this court reads as under:-'and we do further ordain that the said high court of judicature at bombay shall have the ..... act. in such cases it would be the court where the child ordinarily resides which would have jurisdiction. in other words the territorial jurisdiction of this court will be restricted to those cases where the minors ordinarily reside within the state of maharashtra.6. having said so, the question that arises now is whether this court while considering the application under clause 17 of the letters patent ..... read with section 3 of the guardians and wards act. 1890 in a case where an order is passed in respect of a neglected juvenile can .....Tag this Judgment!
Court : Gujarat
Reported in : AIR1986Guj156; (1986)1GLR101
..... s. 104 are attracted and it is applicable to the letters patent appeals also because the letters patent appeals cannot be said to be an exception and cannot override the provisions of the code of civil procedure.'the very same view is reiterated by a later division bench judgment of the bombay high court in charity commissioner, maharashtra state, bombay v. rajendrasingh anandrao jadhao : air1984bom478 (nagpur bench at nagpur ..... s. 100a referred to earlier which has been brought on the statute book by amending civil p.c. by amendment act, 1976, the letters patent appeals are expressly barred in cases contemplated by the said provision. the said provision reads as under:'100-a. notwithstanding anything contained in any letters patent for any high court or in any other instrument having the force of law or in any other ..... under certain other statutes like the employees state insurance act, 1948, further appeals do lie to the high court against appellate orders passed by lower courts under such acts. for example, under section 54a of the employees' state insurance act, 1948, an appeal lies to the employees' insurance court against decision of medical board, while second appeal lies to the high court under s. 82(l) against orders of the employees .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1968Kant178; AIR1968Mys178; (1967)2MysLJ342
..... interest in a joint hindu family property.(18) the letters patent or charter for the high courts of calcutta, madras and bombay are mutatis mutandis in almost the same terms. i would therefore refer to the relevant clauses in the letters patent for the high court of calcutta. under the amended letters patent of 1865, ci. 17, it is ordained that the high court of judicature at calcutta shall have the like power and ..... any power such as conferred by clause 17 of the letters patent of 1865.(22) the new state of mysore which is formed in accordance with the provisions of the states reorganisation act, 1956, comprises the territories of the former state of mysore, parts of the territories of the erstwhile state of bombay (nor maharashtra) hyderabad (now andhra) and madras, and the state of coorg ..... . section 52 of the said act which relates to the jurisdiction of high courts for new states, provides that-'the high court for a new state shall have, in respect of any part of the territories included in .....Tag this Judgment!
Court : Mumbai
Reported in : 1999(4)ALLMR683; 2000(1)BomCR670; (2000)2BOMLR891
..... than the court within the territorial jurisdiction whereof it is situate (e.g. under clause 12 of the letters patent and section 17 code of civil procedure) and it appears that the legislature intended to make the act applicable only to transfers of title to immovables only in areas where the litigants were sufficiently sophisticated to understand the importance of registration. as bombay act xiv of ..... and specifically in question, as registered under section 18 of the registration act.' this question has been considered by the gujrat high court in : air1985guj184 kanbi vaju vasta v. kanbi popat vasta, following the judgment of the apex court of 1965 (supra). in the result, i find that the amended section by acts of 1939 and 1959 is not applicable unless and until the notification is ..... of section 52 of the transfer of property act are in force in state of bombay, now maharashtra. in this respect, the reference may be made to : 4scr892 anand nivas (p) ltd. v. anandji, wherein it has been observed as follows:'by the transfer of property and the indian registration (bombay amendment) act, xiv of 1939 the rule of 'lis pendens' applies only when a ..... be prescribed, that is to say prescribed by statutory rules of the code as defined by section 2. this clause came up for consideration before a division bench of the high court of punjab, circuit bench at delhi in murari lal v nawal kishore, , where s.s. dulat and d.k. mahajan, jj., followed a full bench authority of the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1975SC1470; (1975)2SCC105; SuppSCR270
..... appeal allowed the claim and made the summons absolute by directing that the attachment and sale of the flat being illegal be set aside. the appellant preferred a letters patent appeal before the bombay high court without success and the decision of the learned single judge was affirmed hence this appeal by special leave.4. the flat in question is admittedly owned by the ..... go through the relevant provisions of the maharashtra cooperative societies act, 1960 (briefly the act). the maharashtra cooperative societies rules, 1961 (briefly described as the rules) and the bye laws of the society. the act was passed in the year 1961 to consolidate and amend the law relating to cooperative societies in the state of maharashtra.7. section 2 of the act contains the definitions. by section 2 ..... (5) ''by-laws' means by-laws registered under this act and for the time being in force, and includes registered ..... amendments of such by-laws'. by section 2(11) 'dividend' means the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1997SC1186; JT1997(3)SC47; 1997(2)SCALE294; (1997)3SCC11; 2SCR429; 1997(1)LC537(SC); (1997)3UPLBEC1817
..... consider the question whether an order by a learned single judge of the high court under trade marks act, 1940 could be appealed against under clause 15 of the letters patent of the bombay high court. it was submitted amongst others that such an appeal would not lie as clause 15 of the letters patent applicable to bombay high court permitted appeal from the order of a learned single judge delivered pursuant ..... 223, government of india act of 1935 and later on in article 225 of the constitution of india, there had not been any corresponding amendment of clause 15 of the letters patent and the reference to section 108 in clause 15 of the letters patent could not therefore be taken as relating to these provisions, and that being so, the high court had no power to make ..... case of naresh shridhar mirajkar and ors. v. state of maharashtra and anr. : 3scr744 speaking through gajendragadkar, cj., has made the following pertinent observations in para 60 of the report :there is yet another aspect of this matter to which it is necessary to refer. the high court is a superior court of record and under article 215 shall all powers of ..... rules in 1940 when the trade marks act was enacted under the repealed section and the .....Tag this Judgment!