Court : Karnataka
Reported in : 1982CriLJ90; 1981(2)KarLJ509
..... on 17-11-80 city civil courts act came into force by virtue of the bangalore city civil courts act, 1979. ..... by the high court on all the city civil judges appointed under the bangalore city civil courts act, the case has been shown as pending before the iv additional city civil and sessions judge, metropolitan area, bangalore city, and posted for evidence. ..... on 30-1-1981, the registrar of the bangalore city civil courts, bangalore, has issued a notification. ..... therefore, even if it is assumed that the principal city civil and sessions judge, metropolitan area, bangalore city, had withdrawn the case and made over to the iii additional city civil and session judge, metropolitan area, bangalore city, it would be contrary to law, and the iii additional city civil and sessions judge (sri. s. v. ..... at the same time, we allow liberty to the principal city civil and sessions judge, metropolitan area, bangalore city, either to try the case himself and dispose it of according to law, or make over the case to any of the additional city civil and sessions judges, in exercise of the powers vested in him by s. ..... , after the coming into force of the bangalore city civil courts act and conferring of sessions powers under section 9(3) of the cr.p.c. ..... we are informed by the office of this court that no order of transfer under section 407 of cr.p.c. ..... apparently the principal sessions judge, metropolitan area, made over the sessions case, in exercise of his powers under section 194 of the cr.p.c. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2002KAR1476; 2002(1)KarLJ358
..... section 5 of the bangalore city civil courts act of 1979 which deals with the power of judges who preside over the city civil court makes it amply clear subject to the other provisions of the bccc act, each of the judges may exercise all or any of the powers conferred on the city civil court by this act or any other law for the time being in force. ..... therefore, the ratio of the aforesaid judgment has no application to the facts of this case as under the provisions of bangalore city civil courts act of 1979 all the city civil courts constituted under the act are deemed to be the principal city civil court of original jurisdiction of the district, and each of the judges has the jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature and arising within the city of bangalore.17. ..... he further submits that the deeming provision contained under section 3(3) of bangalore city civil courts act makes it very clear that the other city civil courts are deemed to be the principal city civil court of original jurisdiction in the city of bangalore, therefore, by adopting the said deeming provision, the legislature has made it very clear that the class of courts which are otherwise inferior/not equal were made equal to the court as provided under section 2(e) of the act and therefore the said court is not a principal city civil court of original jurisdiction. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2006Chh12
..... principal city civil judge and additional city civil judges were put on equal footing in view of the provistons bangalore city civil courts act of 1979 and also in view of the high court's order, the principal city civil judge passed an order whereby it was directed that all the applications under section 9 of the act of 1996 shall be entertained by learned 6th additional city civil court and those applications wore being filed before that court only and that was not a case where the application first filed before the principal city civil ..... . section 2(4) & section 2(6) of bangalore city civil courts act of 1979 the high court held that 'the application under section 9 of the act of 1996 was filed in the city civil court no ..... . by virtue of the order passed by the high court the principal city civil judge has allotted all the arbitration proceedings filed in the city civil court of bangalore to 6th additional city civil judge who sits in the court hall no ..... brij bhushan agarwal and also on the decision of karnataka high court reported in 2002 (i) arb lr 530 : 2002 air kant hcr 2720 (karnataka) between valliapa software technological park (pvt. ..... the petitioner herein by amending his pleadings challenged the jurisdiction of learned additional district judge (special judge), raipur to deal with that, application on the ground that learned additional district judge has no jurisdiction to decide the application filed under section 34 of the act of 1996. .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(5)KarLJ540
..... the city civil court under sub-section (3) of section 2 of the bangalore city civil court act, 1979, means the court established under sub-section (1) of section 3. ..... karnataka state legislature enacted bangalore city civil court act, 1979. ..... the principal city civil judge, bangalore, has got full power to transfer the case under section 24 of the code of civil procedure read with section 5(2) of the bangalore city civil court act, 1979. ..... section 3 of the bangalore city civil court act, 1979 provides for the establishment of a city civil court for the city of bangalore. ..... with respect to the bangalore district courts, the courts of the civil judges and the munsiffs court established under the karnataka civil courts act, 1964 (karnataka act 21 of 1964), exercising jurisdiction only within the local limits of the city of bangalore immediately before the appointed date shall, on and from the said date, cease to function and are hereby abolished. ..... sub-section (1) of section 3 of the act, provides that there shall be a city civil court for the city of bangalore. ..... hierarchy of the courts for administration of justice had been created by the constitution of the courts under the karnataka civil courts act, as well as by bangalore city civil court act with respect to the city of bangalore. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR120; 2008(4)KarLJ573; 2008(1)KCCR116; 2008(2)AIRKarR25; 2008AIHC1615(Kar)
..... and circumstances and on a proper understanding of the provisions of the karnataka rent control act, 1961, karnataka rent act, 1999, history of the legislation of karnataka small causes court act, 1964 and a proper understanding of the provisions and the concept of court of small causes' as defined in section 2(b) of the karnataka small causes courts act, the definition of civil court' as defined in section 2(b)of the karnataka civil courts act, 1964 and the definition of 'city civil court' as understood in section 2(3) of the bangalore city civil courts act, 1979 which definition should be read in conjunction with section 5 of the specific relief act, 1963 providing for recovery of specific immovable property in terms ..... of the provisions of the code of civil procedure as also the provisions of section 41 of the karnataka court .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR2435
..... 'though sections 17 and 18 are enacted as part of city civil courts act 19 of 1979, they are really the amendments to karnataka small cause courts act, 1964 and karnataka civil courts act, 1964 and they form part of those respective enactments. ..... 13 of 1989 which came into force on 17th april 1989 read with section 12(1) of the bangalore city civil courts act, 1979. ..... however, on 27-11-1980, bangalore city civil court act, 1979 (hereinafter referred to as the city civil court act) came into force. ..... before that order came to be typed and signed by us, we noticed that the provisions contained in section 18 of the bangalore city civil court act had not been taken note of. ..... amendment to karnataka act 21 of 1964: in the karnataka civil courts act, 1964 (karnataka act 21 of 1964) (1) in sub-section (2) of section 1, for the words 'whole of the state of karnataka' the words 'whole of the state of karnataka except the city of bangalore' shall be substituted. ..... the operation of the section 18(1) of the city civil courts act excluded the operation of the civil courts act in so far it covered the city of bangalore. ..... it was also pointed out to the learned counsel appearing for both sides that as the effect of section 18(1) of the bangalore city civil court act, 1979 and the words 'law for the time being in force in the city of bangalore' occurring in section 12(1) of the act were not taken into account, the order required to be recalled and the appeal required to be heard on merits. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR1349
..... in this second appeal, referred to a division bench under section 9 of the karnataka high court act, 1961, the following question of law arises for consideration :whether the chief judge of the court of small causes, bangalore, who has also been appointed as a judge of the city civil court, had the jurisdiction to dispose of the appeal preferred against the order of the erstwhile second munsiff. ..... in view of the provision of sub-section (2) of section 19, the said appeal stood transferred to the city civil court, bangalore, as the territorial jurisdiction of the bangalore city civil court was enlarged. ..... with effect from the date of establishment of the city civil court, the district courts, the courts of the civil judges and the munsiff's courts established under the karnataka civil courts act, 1964 (karnataka act 21 of 1964) within the city of bangalore stood abolished. ..... the above question arises in view of the following facts: a city civil court was established for the city of bangalore under the provisions of the bangalore city civil courts ordinance, 1979, with effect from 16-11-1979. ..... section 3 of the act of 1979 provides that as from the appointed date there shall be a city civil court for the city of bangalore. ..... the ordinance was replaced by the bangalore city civil courts act, 1979 (in short 'the act of 1979'). ..... section 19 of the act of 1979 makes special provisions for transfer of pending suits etc. ..... 80 of 1979 was the appeal out of which this second appeal arises. .....
Tag this Judgment!Court : Karnataka
Reported in : 2002(1)KarLJ114
..... dispute relating to the award being with the petitioner or its officials and as to whether it was filed before the high court of judicature at madras or not, the fact is that the proceedings under sections 8 and 14 of the act had been instituted by the present respondent before the city civil court at bangalore by filing a.c. no. ..... by the learned counsel for the petitioners that the original award was not before the city civil court at bangalore, sri subba rao has submitted that a copy of the award which had been signed by the arbitrator had been furnished to the respondent and the respondent had placed that copy before the city civil court and it is based on this copy of the award, the city civil court has proceeded to pass the judgment and decree. ..... that was available to the petitioners before the city civil court was to file objections to the award being made a rule of the court as provided under section 30 of the act on the grounds enumerated therein read with sections 30and 33 of the act. ..... of section 31(4) of the act, it is the city civil court which has jurisdiction to pass a decree in respect of the award in question and institution or even pendency of the proceedings before the high court of judicature at madras is of no consequence in law, being a proceeding before a court without ..... 1996 under sections 8, 14 and 17 of the arbitration act, 1940 (hereinafter referred to as 'the act' for short) and the said application had come to be filed before the city civil court on 8-4- .....
Tag this Judgment!Court : Karnataka
Reported in : 2001(3)KarLJ28
..... manjunath, learned counsel for petitioner inviting the court's attention to the said government notification dated 21-7-1986, which is produced along with the petition, as also to the map of the territorial jurisdiction of the bangalore city civil and sessions court published by the government for the purpose of fixing the territorial jurisdiction of the bangalore city civil court as defined by sub-section (aa) under section 2 of the bangalore city civil courts act, 1979, contended that the finding of the court below in its impugned order relating to its territorial jurisdiction is patently ..... city of bangalore shall have the meaning assigned to it in the bangalore city civil courts act,1979 ..... , lci 8037, dated 10-11-1980 indicates that the suit village 'horamavu agara' is located within the territorial limits of the jurisdiction of the bangalore city civil court. ..... other hand, the said government's notification dated 21-7-1986 and the said map showing the limit of territorial jurisdiction of the bangalore city civil and sessions court published by the government under g.o. no. ..... city of bangalore is also defined by sub-section (aa) of section 2 of the karnataka civil courts act, 1964 (act of ..... lrd 86, dated 21-7-1986 published under section 4 of the karnataka land revenue act, 1964, the erstwhile bangalore district has been bifurcated into two districts namely, bangalore urban district and bangalore rural district. ..... map published by the government of karnataka under its notification no. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant140
..... then the learned counsel shri devadas contended that the karnataka civil courts act, 1964, and the bangalore city civil courts act, 1979, do not make any provision for the appointment of a vacation judge during winter vacation and ..... ' section 3(3) of the karnataka act 13' of '1930 which, created a city civil , court for the city of bangalore reads ..... section 3(3)(b) clearly says that the city civil court shall have jurisdiction to receive try and dispose of all suits and other proceedings of a civilnature and arising within the city of banagalore except suits or proceedings which, are cognizable by the high court and the court of small causes only the suits of proceedings which are cognizable by the high court under some laws have been expected from the jurisdiction of the city civil court ..... section 14 of the civil courts act reads thus:-'14 jurisdiction of district court : - (1) the district court shall be deemed to be the principal civil court of original jurisdiction within the local limits of ..... it is true that by section 12 of the mysore high court act i of 1884 enacted by the maharaja of mysore to amend the constitution of the high court of mysore, and to provide for the administration of justice by that court, the government of mysore was authorised by notification to invest the high court with ordinary original civil jurisdiction of a district court in all suits of a civil nature exercisable within such local limits as the government may from time to time declare and appoint in .....
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