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  for example: Negotiable Instruments Act

Section 636   [ View Judgements ]

Application for Writ, etc., under Article 226 of the Constitution


(1) (a) Application under Article 226 of the Constitution other than an Application for a Write of Habeas Corpus, in matters arising substantially within Greater Bombay out of -



(1. Rule 636 was substituted by G.N. dated 16-3-1995.

2. Rule 636(1) was subs. by G.N.G/Amend/13546, dated 19-12-1996, Pub.

In M. G. G. Pt. IV-C, p. 530.)



(i) the orders passed under the Bombay Municipal Corporation Act, 1888;

(ii) the orders passed under the Maharashtra Housing and Area Development Act, 1976, and under the enactments repealed by the said Act;

(iii) the orders passed under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971;

(iv) the orders passed under the Industrial Disputes Act, 1948;

(v) the orders made in applications under the Bombay Industrial Relations Act, 1946;

(vi) the orders passed under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (Act XIV of 1975);

(vii) the orders passed under the Maharashtra Co-operative Societies Act, 1960;

(viii) the orders passed under Chapter VI and VII of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labor Practices Act, 1971;

(ix) the orders passed under the Payment of Gratuity Act, 1972; (Act No. 39 of 1972);

(x) the orders passed under the Workmen’s Compensation Act, 1923;

(xi) the orders passed under the Payment of Wages Act, 1936;

(xii) the orders passed under the Minimum Wages Act, 1948;

(xiii) the orders passed under the Bombay Prohibition Act, 1949;

(xiv) the orders passed under the Maharashtra Land Revenue Code, 1966;

(xv) the orders passed under the Maharashtra University Act, 1994;

(xvi) the orders passed under the Bombay Stamp Act, 1958;

(xvii) the order passed under the Bombay Police Act, 1951;

(xviii) the orders passed under the Bombay Shops and Establishments Act, 1948;

(xix) the orders passed under the Bombay Port Trusts Act, 1879;

(xx) the orders passed under the Bombay City (Inami and SpecialTenures) Abolition and Maharashtra Land Revenue Code (Amendment) Act, 1969;

(xxi) the orders passed under the Banking Corporation (Acquisition and Transfer of Undertakings) Act, 1970;

(xxii) the orders passed under the Displaced Persons (Compensation) Rehabilitation Act, 1964;

(xxiii)the orders passed under the Electric (Supplies) Act, 1948;

(xxiv)the orders passed under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.

(xxv) the orders passed under the Employees’ State Insurance Act, 1948;

(xxvi) the orders passed under the Factories Act, 1948;

(xxvii) the orders passed under the Indian Railways Act, 1890;

(xxviii) the orders passed under(3)[the Electricity Act, 2003;]

(xxix) the orders passed under the Motor Vehicles Act, 1939;

(xxx) the orders passed under the Major Port Trust Act, 1963;

(xxxi) the order passed under the Merchant Shipping Act, 1958;

(xxxii) the orders passed under the Registration Act, 1908;

(xxxiii) the orders passed under the Wireless, Telegraphy Act, 1933;

AND

(xxxiv) the orders passed under the Maharashtra Employees of Private Schools (Conditions of Service ) Regulations Act, 1971;



may be heard and finally disposed of by a Single Judge to be appointed in this behalf by the Chief Justice;



Provided when the matter in dispute or relates to the challenge to the validity of any statute or any rules or regulation made thereunder and arising substantially within Greater Bombay shall be heard and disposed off by a Division Bench to be appointed by the Chief Justice.



Explanation. – The expression “orders”, appearing in clauses (i) to (xxxiv) means any order passed by any Judicial or quasi-judicial Authority empowered) to adjudicate under the abovementioned statute.



(1)(b) All applications under Article 226 other than those mentioned in Sub-rule (1) (a) above, shall be heard and disposed of by a Division Bench to be appointed in this behalf by the Chief Justice.]



(1)[(2) Every application mentioned in 2[sub-rule (1)(a) and (1) (b)] shall be accompanied by a Certificate of the Advocate for the Petitioner, certifying that the application in question arises out of the matters mentioned in sub-rule (1) or sub-rule (2) and for placing the same for hearing before a Division Bench or a Single Judge, as the case may be.



[(2) Every application for issue of a direction, order or writ under Article 226 of the Constitution (other than an application for a writ of Habeas Corpus) shall if the matter in dispute is or has arisen out of any other order passed or omission to pass any order by any authority and arising substantially with in Greater Bombay shall be heard and disposed of by such one of the Judges sitting on the Original Side as the Chief Justice may appoint.



(3)Every application for the issue of a direction, order or writ under Article 226 of the Constitution (other than an application for a writ of Habeas Corpus) shall if the matter in dispute is or relates to the challenge to the validity of any statue or any rules or regulations made there under and arising substantially within Greater Bombay shall be heard and disposed of by a Division Bench to be appointed by the Chief Justice.]



(1)[(3)] Rule 42 applicable to plaints shall except otherwise provided for in this Chapter, apply mutatis mutandis to petitions under this Chapter.



(1)[(4)] The Petitioner shall annex to his petition a list of all documents

in support of the relief, including interim reliefs, prayed for in the Petition

and shall also separately annex as exhibits, copies of such documents as are

in English or where any such documents are not in English, typed copies of

translations in English to such documents. Any translation other than official translations annexed to the Petition shall be either certified to be true by the Advocate for the petitioner or supported by an affidavit of the petitioner affirming that the translations are true.



(1)[(5)] An application under 2[sub-rule (1) (a) and 1(b)] above shall be by Petition setting out therein the relief sought and the grounds on which it is sought. The Petition shall be supported by an affidavit. In every such Petition the Petitioner shall state whether he has made any other application to the Supreme Court or the High Court in respect of the same matter and how that application has been disposed of. The petitioner shall move for a rule nisi in open Court.



(1)[(6)] If the petitioner makes an application to the Supreme Court in respect of the same matter during the pendency of the petition in the High Court, he shall forthwith bring this fact to the notice of the High Court by filing an affidavit in the case and shall furnish a copy of such affidavit to the other side.



The Court may adjourn the hearing of the application made to it pending the decision of the Supreme Court in the matter.

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