Court : Karnataka
Reported in : ILR2008KAR120; 2008(4)KarLJ573; 2008(1)KCCR116; 2008(2)AIRKarR25; 2008AIHC1615(Kar)
..... 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 fee and suits valuation .....
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 ..... definition in the bccc act of 1979 where sub-section (2) of section 3 categorically states that the city civil court shall consist of a principal city civil judge and section 5 specifically deals with the powers of the principal city civil judge and section 6 which deals with temporary vacancy of the office of the principal city civil judge and from this he contends the court where principal city civil judge sits is quite distinct from the court where additional judges of the city civil court sit and therefore the 'court' as defined under the act is that court where the principal city civil ..... other submission of the learned counsel for the petitioner was that the court presided over by the additional city civil judge is inferior to the court presided over by the principal city civil judge and in view of the definition of the word 'court' in the act of 1996 it categorically states it does not include any civil court of grade inferior to such principal civil court, the courts presided over by the additional city civil court cannot by any stretch of imagination be construed as principal city civil court of original jurisdiction of the district. .....
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. ..... 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. ..... karnataka state legislature enacted bangalore city civil court act, 1979. ..... 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. ..... sub-section (1) of section 3 of the act, provides that there shall be a city civil court for the city of bangalore. ..... the learned principal city civil judge, bangalore after considering the matter held that the court of the principal city civil judge being the principal court of the original civil jurisdiction comes within the definition of the district court and by virtue of section 24(3) of the code of civil procedure, the said court has got power to order transfer of case from one court to the other.3. ..... the expression district court has also been denned in section 2(4) of the code, along with the definition of 'district'. .....
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 erroneous.6. ..... city of bangalore shall have the meaning assigned to it in the bangalore city civil courts act,1979.8. ..... city of bangalore is also defined by sub-section (aa) of section 2 of the karnataka civil courts act, 1964 (act of 1964). ..... law 247, 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. ..... on the 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. ..... (ii) 'city of bangalore' means the area for the time being included for the metropolitan area comprising the bangalore city declared in the section 8 of the cr. p.c. ..... section 2 of the act of 1979 defines 'the city of bangalore' as follows:'definitions. .....
Tag this Judgment!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 : Chhattisgarh
Reported in : AIR2006Chh12
..... 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 ..... 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 ..... is the principal city civil court of the district, was not entitled to transfer the application filed under section 34 of the act of 1996 before him for selling aside the award in view of the provisions of section 42 of the act of 1996 ..... . bangalore (2002 air--kant hcr 2720) (supra) is concerned, this judgment is also of no help to the respondent herein, for the reason that in this case it has not been held that the principal city civil judge was entitled to transfer the application to the other city civil judges filed under section 34 of the act ..... it is not a case of principal city civil judge entertaining the application under section 9 of the j act 1996 and then transferring the said application to the court of 6th additional city civil judge who sits in the court hall no. 11 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1991KAR2435
..... 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. ..... 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. ..... '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. ..... however, the contention advanced on behalf of the appellant is that the words 'notwithstanding anything contained in the karnataka act 11 of 1964 and karnataka act 21 of 1964 or in any other law or provisions having the force of law' contained in section 4(1) of karnataka act 13 of 1989 are wide enough to take away the effect of sub-section (1) of section 18 of the city civil court act, 1979. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR1349
..... ordinance was replaced by the bangalore city civil courts act, 1979 (in short 'the act of 1979'). ..... 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. ..... 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. ..... to the appellants, the said appeal should have been disposed of by the city civil court, but, actually it was disposed by the chief judge, court of small causes, bangalore, though he had no jurisdiction to decide only the original suits falling within the jurisdiction of the city civil court in view of the specific entrustment of that jurisdiction on him by virtue of the power conferred under section 26 of the small causes courts act and not the appeal. ..... 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 .....
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 : 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 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 ..... 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 .....
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