Municipal tax appeal and application for discovery of documents
Vinesh K Chhaya
(Querist) 30 April 2016
This query is : Resolved
The
Application under provision of Civil Procedure code order 9 rule 5 or 12 etc regarding discovery of documents during Municipal Tax appeal is maintainable or not??
which provision applicable to discover of required documents during municipal tax appeal in Civil Court under section 406 Bombay Provincial Municipal Corporation Act
P. Venu
(Expert) 01 May 2016
Why this application at the appeal stage?
Guest
(Expert) 01 May 2016
Actually similar problem regarding CPC interpretation I too have. After 2016 amendment of Civil Procedure Code 1908
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This case I prefer to put from author point of view.
1) Municipal officer (Clerk only does work) have fixed reteable value of property or Capital value of the property
2) Concern Advocate client is challenging the reteable value /capital value . So he has preferred appeal against the value fixed. (This I presumed )
3) Appeal lies to Civil Court (Which deals exclusive Municipal matters/Arbitrator if any decided between parties according to law)
4) Order 11 of Civil Procedure code 1908 on /before 22-10-2015 was " Discovery and Inspection" from 23-10-2015 it was presumed amendment done with , heading it became "Disclosure , Discovery and Inspection of Documents in suits before the commercial division of a high court or a commercial court " . Whole new order was substituted in 2016
5) So like me author of this thread too is confused whether Order 11 of CPC 1908 after amendment done by Act 4 of 2016 whether Discovery and Inspection of Documents whether this application will be maintainable in civil court hence forth or not ?
6) I feel some time there is typing error in amendment , just restricting Order XI to only commercial court will remove benefits of remaining civil courts /other courts dealing in civil matter.
7) Expert guidance and input awaited ........
T. Kalaiselvan, Advocate
(Expert) 02 May 2016
THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT , 2015 NO. 4 OF 2016
An Act to provide for the constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and matters connected
therewith or incidental thereto.
This Act may be called the Commercial Courts, Commercial Division and
Commercial Appellate Division of High Courts Act, 2015.
The Ordinance provides that the Commercial Courts are to be established by notification by the State Government, in consultation with the concerned High Court. For territories where the High Court itself is vested with the original jurisdiction4 i.e. where particular suits may directly be filed before the High Court, the Chief Justice of such High Court may constitute a Commercial Division within such High Court. Once the Commercial Division/Commercial Court is established, the Chief Justice of the High Court would be required to constitute the Commercial Appellate Division.
In order to ensure that commercial matters are dealt with by persons with the requisite skill sets, the Ordinance specifically requires that judges of such courts/divisions be experienced in dealing with Commercial Disputes.
Guest
(Expert) 02 May 2016
Sir this is true but chapter VI of the ( THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT , 2015 NO. 4 OF 2016)
act amends Code of civil procedure 1908 and details are given in schedule
It seems while drafting they completely ignore other civil court just mentioned substitute the order XI
Due to changes for sake of convenience I took new edition of Professional and after reading felt Discoveries and Inspection is not for civil court after 2016 amendment.
Parliament session is going on , hope steps are taken immediately in rectifying errors done by 2016 amendment in CPC
Guest
(Expert) 02 May 2016
CHAPTER VI
AMENDMENTS TO THE PROVISIONS OF THE CODE OF CIVIL PROCEDURE, 1908
16.
(1) The provisions of the Code of Civil Procedure, 1908 shall, in their application to any suit in respect of a commercial dispute of a Specified Value, stand amended in the manner as specified in the Schedule.
(2) The Commercial Division and Commercial Court shall follow the provisions of the
Code of Civil Procedure, 1908, as amended by this Act, in the trial of a suit in respect of a commercial dispute of a Specified Value.
(3) Where any provision of any Rule of the jurisdictional High Court or any amendment
to the Code of Civil Procedure, 1908, by the State Government is in conflict with the provisions of the Code of Civil Procedure, 1908, as amended by this Act, the provisions of the Code of
Civil Procedure as amended by this Act shall prevail.
Schedule (which amends CPC 1908 )is very big can not be posted here 4-5 pages amendment is there
Vinesh K Chhaya
(Querist) 02 May 2016
Thax but the matter diluted
I wish to clear that A matter lodged under banner of Municipal Tax Appeal which is regarding valuation of tax under provision of Bombay Provincial Municipal Corporation Act section 406.
The required documents of appellants account like Bill, Notice, Opinion of Panel Advocates for Attachment, details of vacancy allowances facilitated to property holders at the same building etc. documents are not provided by the Municipal Corporation
The all documents are Very Much Important to prove the real valuation of tax So I need to know that which way i should demand the documents from respondent Municipal corporation?
