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Judgment Search Results Home > Cases Phrase: civil courts amins act 1856 Court: mumbai Page 1 of about 3,998 results (0.059 seconds)

Dec 22 1916 (PC)

Gururao Shrinivas Heblikar Vs. Secretary of State for India

Court : Mumbai

Reported in : AIR1916Bom109; (1917)19BOMLR117

..... 42. it remains now to deal with the two objections based on the revenue jurisdiction act and the pensions act.43. the portion of section 4 of the revenue jurisdiction act relevant to this case provides that no civil court shall exercise jurisdiction as to any claim against government relating to lands granted or held ..... not political tenures to which the succession could be dealt with by the government only, at its discretion, apart from any jurisdiction of the civil courts. there was no point in that case that the particular grant being only of the royal share of the land revenue, the right to ..... other things that no claims against government on account of jaghirs shall be cognizable by the civil courts; and this provision was extended to the district of dharwar by regulation vii of 1330, section 2. by act x of 1876 these provisions were repealed and section 4(a) so far as it relates ..... the meaning of section 4 of the pensions act. 46. under section 4 of act xxiii of 1871 no suit relating to any pension or grant of money or land revenue conferred by the british or any former government can be entertained by the civil courts. the claim for the possession of lands ..... act of 1858 (21 & 22 vic. c. 106). he relied upon the case of secretary of state v. moment (1912) 15 bom. l.r. 27. the question raised in the general form does not arise in this case. mr. coyaji has, however, clearly pointed out that so far as the claims against government relating to saranjams are concerned the civil courts .....

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Nov 30 2002 (HC)

Gtc Limited Vs. Royal Consulting Rv, Being a Company Registered Under ...

Court : Mumbai

Reported in : 2003(2)ALLMR608

..... can now be decided bythe arbitral tribunal. the first question has to beanswered accordingly.11. we now come to the next submissionconsidering section 45 of the act of 1996, whetherthe civil court can proceed with the suit where therelief sought is that the agreement is null andvoid. the position under section 45 and section 54which fall in part ii ..... forum. it is thus clear thatmerely because of the arbitral clause there is anouster of jurisdiction of the civil court and thecivil court, retains jurisdiction to hear and decidethe dispute which are within its competence. thusunder the act of 1940, the civil court in theaforementioned circumstances retainedjurisdiction, inspite of invocation of the arbitralclause.let us examine the position under the actof ..... toentertain a suit between the parties to anagreement which contains an arbitral clauseconsidering sections 8, 16 and 45 of thearbitration & conciliation act, 1996 read withsection 9 of code of civil procedure, 1908.(b) will a civil court, in case of an agreementcontaining an arbitral clause governed by englishlaw, which agreement in the suit is challenged asnull and void, ..... dispute isgenuine in whole or in part or defend the action.this is the prescribed mode of access to justicearbitration act carves out an exception to thegeneral rule, that the forum for resolution ofcivil disputes is the civil court havingjurisdiction to deal with the same by providingthat the parties to a dispute by agreement betweenthemselves, may choose a .....

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Apr 12 2001 (HC)

Gangwani and Co. Vs. Saraswati Wd/O Maniram Banewar

Court : Mumbai

Reported in : 2001ACJ1295; 2001(3)ALLMR370; 2002(1)BomCR223; [2001(90)FLR1100]; (2001)IILLJ1022Bom

..... compensation that he can claim, even when he proves hundred per cent loss of his earning capacity is restricted to what is specified in schedule iv of the act. the remedy in the civil court, though alternative, in terms of amount of damages that the workman can claim is costly and dilatory and once the workman chooses the forum under the workmen ..... restricted to a specified amount. it is once again quite evident that the intention of the legislature is to provide alternate forum other than regular civil court under the provisions of the workmen's compensation act for the purpose of giving speedy, effective and cheap remedy for settlement of claim of an employee in respect of compensation and at the same ..... . though the commissioner, who is discharging functions under the provisions of the act, may have trappings of the civil court, he is not a court nor a civil court subordinate to the high court within the meaning of section 3 of the civil procedure code.33. though section 30 of the workmen's compensation act provides appeal against the order passed by the commissioner, however, all the orders passed ..... it necessary to reiterate that if the intention of the legislature was not to create distinct forum other than civil court for settlement of claims of compensation, there would be no necessity to enact section 20 of the workmen's compensation act and ordinary civil courts, even otherwise, would have been competent to decide the claims of the employee against the employer regarding the .....

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Nov 06 2012 (HC)

Charu K. Mehta and Others Vs. Lilavati Kirtilal Mehta Medical Trust an ...

Court : Mumbai

..... title to trust property. the test to be applied was formulated thus: ??with a view to determine the question as regards exclusion of jurisdiction of the civil court in terms of the provisions of the act, the court has to consider what, in substance, and not merely in form, is the nature of the claim made in the suit and the underlying object in ..... made final and conclusive, the procedure envisaged on an originating summons would be subject to the bar created by section 80 of the bombay public trusts act 1950. the bar under section 80 extends to every civil court. the question raised in the originating summons: 48. several suits or proceedings have been instituted by the plaintiff and/or the second defendant and their ..... to the conclusion that the question is required to be determined or dealt with by an authority under the act, the jurisdiction of the civil court must be held to have been ousted (at para 83 page 788). ? the supreme court further held: ??the civil court will have no jurisdiction in relation to a matter whereover the statutory authorities have the requisite jurisdiction. on the other ..... . with the greatest respect, this approach misses the essence of the bar under section 80. under the provision, the bar is on a civil court deciding or dealing with any question which under the act has to be decided or dealt with by an officer or authority and whose decision is made final and conclusive. when the assistant charity commissioner entertains a change .....

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Aug 10 2007 (HC)

Shrimati Tejbai Tejshi Dedhia and ors. Vs. Central Bank of India, a Bo ...

Court : Mumbai

Reported in : (2007)109BOMLR1799; 2007(5)MhLj869

..... and therefore, jurisdiction would vest in the small causes court, mumbai, in terms of section 41 of the presidency small causes courts act, 1882, hereinafter called as 'the p.s.c. courts act', and the civil court jurisdiction is barred under section 28 of the rent act. it is his further contention that the new building ..... is squarely in terms of the rights and obligations of the tenant and landlord under the rent act and therefore such a suit in the civil court is clearly hit by section 28 of the rent act.30. as regards the second point for consideration which relates to the claim for damages, it ..... performance of an agreement. equally it is true that a person seeking specific performance of an agreement to lease can initiate action in the civil court, as such a suit would be for specific performance of an agreement simplicitor. however, when the parties to such an agreement undisputedly disclose ..... .6. upon hearing the learned advocates for the parties and on perusal of the records, three points arise for consideration:(i) whether the civil court had jurisdiction to entertain the suit and to order the induction of the respondent no. 1 in the suit premises as the tenant thereof ..... decisions on behalf of the respondent no. 1:-(i) raghubir narayan lotlikar v. g.a. fernandes reported in : air1953bom76 (d.b.); (ii) chunnilal radheyshyam & sons v. amin manilal & co. pvt. ltd. and ors. reported in 1982(1) bom.c.r. 35; (iii) vikrant engineers and ors. v. shridhar bhaskar paranjape and anr. .....

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Nov 27 1935 (PC)

Basangouda Giriyeppagouda Patil Vs. Basalingappa Mallangouda Patil

Court : Mumbai

Reported in : AIR1936Bom301; (1936)38BOMLR593

..... privy council case of laxmanrao madhavrao v. shrinivas lingo (1927) l.r. 54 i. a. 380 : 29 bom. l.r. 1484, that there is nothing in the revenue jurisdiction act to prevent civil courts granting a declaration that a person is the nearest heir of a deceased representative watandar, and the declaration was actually granted in the form that plaintiff was entitled to ..... is desirable to refer to some of the other issues. it is contended that the suit is barred by section 4 of the revenue jurisdiction act, x of 1876, which removes from the jurisdiction of the civil courts, among other things, claims against government relating to any property appertaining to the office of any hereditary officer, claims to perform the duties of any ..... between persons claiming to be watandars inter se, as to their status in the watan family. section 36 of the bombay hereditary offices act, both before and after its amendment in 1910, contemplates a decree of a civil court as a matter which has to be taken into consideration by the collector in determining whose name has to be entered as representative watandar ..... a long series of previous decisions of this court, that the civil court has jurisdiction to grant a declaration to a plaintiff that he was the nearer heir to a deceased representative watandar than the defendant, and that such a suit was not barred by section 4 of the bombay revenue jurisdiction act, but was expressly saved by proviso 3 to section 36 of .....

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Sep 06 1974 (HC)

Union of India (Uoi) Vs. Mansingka Industries Pvt. Ltd.

Court : Mumbai

Reported in : 1979(4)ELT158(Bom)

..... all questions about the said right and liability shall be determined by the tribunals so constituted, and whether remedies normally associated with actions in civil courts are prescribed by the said statute or not.'* * * *'(5) where the particular act contains no machinery for refund of tax collected in excess of constitutional limits or illegally collected a suit lies.* * * *'(7) an exclusion of the ..... pleader would have us do, that is to say, that it bars the jurisdiction of civil courts, the legal position as enunciated by the supreme court clearly shows that the jurisdiction of the civil courts would not be thereby excluded. but the question may be asked - does section 40 of act of 1944 really bar a suit for recovery of an amount levied illegally as duty ..... must be held to be excluded if there is adequate remedy to do what the civil courts would normally do in a suit. such provision, however, docs not exclude those cases where the provisions of the particular act have not been complied with or the statutory tribunal has acted in conformity with fundamental principles of judicial procedure.'(2) where there is an express bar ..... six months from the accrual of the cause of action or from the date of the act or order complained of'.48. the learned assistant government pleader has argued that by reason of these three sections, which we have referred to above, recourse to a civil court by a suit is denied to a manufacturer who is liable to pay excise duty on .....

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Jul 07 1971 (HC)

Kisanlal Bachharaj Vyas Vs. Mohan Chandmal and ors.

Court : Mumbai

Reported in : AIR1971Bom410; 1971MhLJ809

..... or such officer as was appointed in this behalf, and the officer in this behalf under section 40 of the bombay civil courts act, 1869, was clearly the clerk of the court. the plaint could consequently be properly presented to the clerk of the court, and there is nothing in sub-rule (1) to indicate that it could not have been presented to him at ..... hours and outside the court buildings, though he is not bound to do so, as there is nothing in order ..... matter consequently came up before the high court in revision under section 115 of the code of civil procedure. beaumont, c. j. then examined the provisions of order 4, rule 1 of the code of civil procedure and ruled that the clerk of the court, who is authorised to accept plaints under section 40 of the bombay civil courts act, 1869, may accept a plaint outside office ..... 4, rule 1 of the code of civil procedure to suggest that a plaint must be presented during court hours or within the precincts of the court. the learned trial judge found .....

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Jun 28 1927 (PC)

Laxmanrao Madhavrao Jahagirdar Vs. Shrinivas Lingo Nadgir

Court : Mumbai

Reported in : (1927)29BOMLR1484

..... principal issues settled in the case, which were as follows :-(1) is the jurisdiction of the civil court barred by section 4a of bombay act x of 1876?(2) is it barred by section 25 of bombay act iii of 1874 ?(3) is it barred by the pensions act xxiii of 1871 ?(4) is it in time ?(10) are the decisions of the inam commissioner ..... or partially exempt from payment of land-revenue under ... (k) ... an adjudication duly passed by a competent officer...under act no. xi of 1852, which declares the particular property in dispute to be exempt.such claim shall be cognizable in the civil courts.40. land revenue in section 3 is defined as including 'any cess or rate authorised by government under the provision ..... from payment of land revenue, were excepted from the cognisance of the ordinary civil courts (which, it may be observed, had sole com. petence as to titles to the land itself), and that it was desirable that the said claims should be tried and determined without further delay, the act proceeded to set up the inam commission for that purpose. schedule a of ..... 17, 1907.25. he held that section 25 of the act made it imperative for the collector to determine who were to be representative watandars, and register their names without waiting indefinitely until one or other of the rival claimants to the office of watandars procured a decision of the civil court, and that the nadgirs were shown to be the watandars as .....

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Sep 10 1969 (HC)

C.P. Khanna Vs. V.K. Kalghatgi and ors.

Court : Mumbai

Reported in : AIR1970Bom201; (1970)72BOMLR295; ILR1970Bom805; 1970MhLJ450

..... in delaying the proceedings. the safeguard of appeal really ensures just decisions of the disputes. speaking for ourselves, if such procedure is adopted in civil courts, probably, the litigants will be more happy with quicker and satisfactory results and the present delays and wasteful expenditure could be avoided, we have ..... been dealing with matters decided under the act and we are satisfied that the standards of decisions are as good as, if not better, than those in civil courts. we are not satisfied that the procedure is so inadequate as to hold that it ..... in special cases and as to the rest provides that the limitation act will be applicable. under section 94 the registrar or his nominee is required to follow the prescribed procedure and is given power of a civil court for summoning and enforcing attendance of witnesses, requiring parties and witnesses to ..... know law and that no particular procedure is prescribed under the act and the rules. on the other hand, he says that in the case of other litigants who are not connected with the society, the procedure of civil courts with all safeguards gives a proper opportunity to the parties to ..... under sec, 149 of the act which consists of experienced members of the judiciary or advocates of standing, and under the section the tribunal has all the powers of an appellate court under section 97 and order 41 in the first schedule of the civil procedure code.10. the above examination reveals that .....

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