Judgment Search Results Home > Cases Phrase: bengal agra and assam civil courts act 1887 chapter ii constitution of civil courts Page 1 of about 210 results (0.126 seconds)

Saradindu Banerjee Vs. Sita Banerjee @ Rekha Banerjee

Court : Jharkhand

Reported in : [2006(3)JCR244(Jhr)]

..... he further submitted that chapter ii of bengal, agra and assam civil courts act (xii of 1887) deals with the constitution of civil courts. ..... in order to appreciate the rival contentions, it is necessary to look to the provisions of bengal, agra and assam civil court act (xii of 1887), hereinafter to be referred as 'the civil court act', which deals with the constitution of civil courts. ..... had taken the following view in paragraph 12 of the said decision.as a result of the foregoing discussion and upon regard being had to the definition of terms 'court as elucidated in section 2(e) and the overriding effect of section 42 of the act, i am persuaded to the view that the court of the additional district judge is shorn of jurisdiction to entertain an application under section 34 of the act and the district judge cannot, by invoking the provisions contained in section 8(2) of the bengal, agra and assam civil courts act, 1887, transfer the application for its disposal to the ..... in the case of sagar chaudhury and others, supra, it has been held that the additional district judge appointed in that area under section 6(1) of the bengal, agra and assam civil courts act must therefore be deemed to be a division court of the court of district judge and not a separate and distinct court of its own and the probate and letters of administration under succession act can also be issued by the court of additional district judge in assam. .....

Mohd. Haneef Vs. Sunil Tuli

Court : Allahabad

Reported in : 2009(85)AWC1986

..... , district judges and additional district judges, the constitution and jurisdiction of other classes of civil courts is dealt with by the bengal, agra and assam civil courts act. ..... the constitution and jurisdiction of other classes of civil courts is dealt with by the bengal, agra and assam civil courts act. ..... the next submission of the learned counsel was that section 25 (2) and section 25(4) of the bengal, agra and assam civil courts act violated article 14 of the constitution. ..... amendment has been made under bengal agra assam act, 1887, and latter act will prevail the same being special act vis-a-vis bengal, agra and assam civil courts act, which is general act, as such entire proceedings are without jurisdiction and nullity;(ii) the plaintiff has taken self contradictory stand and has not accepted the revisionist as tenant, then the suit was not at all maintainable before the judge small cause court and could not have been decreed, in the way and manner in which it has been done ..... by chapter ii, it constituted various classes of civil courts. ..... chapter iii of this act dealt with ordinary jurisdiction for civil courts. ..... civil laws amendment act, 1991 is being quoted below:chapter iiiamendment of provincial smallcause courts act, 18876. ..... it occurs in chapter iv. ..... chapter iv provided for special jurisdiction. .....

The Oriental Insurance Company Limited, Bangalore Vs. Thibbegowda and ...

Court : Karnataka

Reported in : 2000ACJ438; ILR1998KAR3733; 1998(5)KarLJ587

..... -'as a matter of fact, the question as to what are and what are not civil courts falls to be determined under two enactments relating to the constitution of civil courts in the province; they are the bengal, assam and agra civil courts act and the oudh courts act. ..... section 3 of the former act which occurs in chapter ii, headed 'constitution of civil courts' reads as follows: 'there shall be the following classes of civil courts under the act, namely, '(1) the court of the district judge; (2) the court of the additional judge; (3) the court of the civil judge; and (4) thecourt of the munsiff'. ..... (16) the only provision of the act upon which reliance could be placed for the proposition that the authority constituted under section 15 of the act is a court is that section 18 of the act directs that, it should have certain powers of civil courts and that it should be treated as a civil court for the purpose of section 195 and chapter xxxv of the criminal procedure code. ..... section 21 of the oudh courts act, which is to be found in chapter iii, headed 'subordinate civil courts' is as follows: 'besides the chief court, the courts of small causes established under the provincial small cause courts act, 1887, and the courts established under any other enactment for the time being in force, there shall be four grades of civil courts in oudh, namely, '(1) the court of the district judge; (2) the court of additional judge; (3) the court of the civil judge; and (4) the court of the munsiff'. .....

M/S. Electro Metal Industries and Another Vs. Smt. Rukmani Devi and Ot ...

Court : Kolkata

Reported in : AIR1995Cal84,(1995)1CALLT147(HC),99CWN267

..... to mention that bengal, agra and assam civil courts act, 1887 contemplates two types of jurisdiction namely, ordinary jurisdiction under chapter iii and special jurisdiction as included in chapter iv of the said act. ..... be borne in mind that there is a categorical line of distinction between the exercise of function of administrative control by the district judge and co-equal jurisdiction of judicial function by the district judge and other office bearers of the court under the classification of the civil courts contemplated under section 3 of the aforesaid bengal, agra and assam civil courts act, 1887.2. ..... chapter vi of part vi of the constitution of india relates to the subordinate courts of the state while article 233 deals with appointment of district judges ..... this interpretation and/ or connotation of the expression 'district judge' as given in article 236 of the constitution also indicates that there may not be any subordination as between district judge and assistant district judge when the later discharges its function as ..... of its appellate powers and the disposal of the same after admission may be made by transferee judge and there the transferee judge shall include the category of judges as contempated in the district level within the purview of article 236 of the constitution of india. ..... reference may be made to the provisions of the constitution of india which can throw some light on the ..... application under article 227 of the constitution is directed against the order no. .....

Union of India (Uoi) Vs. Manmul Jain

Court : Kolkata

Reported in : AIR1962Cal635,66CWN970

..... the judges of chandernagore appointed by the government of india under the bengal, agra and assam civil courts act, 1887 could exercise the jurisdiction vested in them by the indian laws only. ..... the bengal, agra and assam civil courts act, 1887 subject to a specified modification of section 4 thereof and the code of civil procedure, 1908 were by paragraph 3 of the chandernagore (application of laws) order, 1950 applied & extended to the free city of chandernagore and by paragraph 7 of this order all laws then in force in chandernagore corresponding to those enactments ceased to have effect, save in respect of things done or omitted to be done before may 2, 1950. ..... special bench, however, the cases took a new turn and, in view of the arguments before us and certain earlier chapters of the present litigations, as revealed by the records, it has now become unnecessary to pronounce upon the validity or otherwise of the taxes or duties in question, as it now appears that the original proceedings before the civil court, which have eventually given rise to these references, were themselves incompetent and should have been thrown out in limine, leaving the aggrieved ..... on june 30, 1952 the president of india in exercise of his powers under article 243(2) of the constitution promulgated the chandernagore administration regulation, 1952. .....

Mohammad Abu Zafar Mohammad Ibrahim Vs. Israr Ahmad and ors.

Court : Allahabad

Reported in : AIR1971All366

..... it was submitted that before coming into force of the constitution, muslim law was made applicable by virtue of the muslim personal law, (shariat) application act, 1937 and section 37 of the bengal, agra and assam civil courts act. ..... of the bengal, agra and assam civil courts act, with regard to agricultural property, rules of mohammedan law may be applied unless otherwise excluded under section 37 of the bengal. ..... agra and assam civil courts act makes it obligatory on the courts to apply mohammadan law in deciding questions regarding succession, inheritance, marriage or caste or any other religious usage or institution to a case where the parties are ..... agra and assam civil courts act ..... it is true that personal law of the muslims and hindus are not the common laws of the country, but these laws have been made applicable by virtue of section 37 of the bengal, agra and assam civil courts act 1887. ..... have considered these submissions of the learned counsel for the plaintiff respondent, but i have not been able to appreciate the relevance of his argument based on article 44 of the constitution, article 44 of the constitution reads as follows:-- 'the state shall endeavour to secure for the citizens uniform civil code throughout the territory of india. ..... act makes the interest of a bhumi-dhar transferable 'subject to the conditions hereinafter contained in this chapter ..... act reads:-- 'the interest of a bhumidhar shall be transferable subject to the conditions hereinafter contained in this chapter' .....

Ganesan Rep by Its Power Agent G. Rukmani Ganesan Vs. The Commissioner ...

Court : Supreme Court of India

..... for constituting civil courts, the bengal, agra and assam civil courts act, 1887 was enacted which provided classes of civil courts and provided for constitution of courts of district judges, sub ordinate judges and munsifs. ..... the definition of the court refers to the civil court constituted by legislature in the state for administration of justice. ..... (1) where a commissioner or a joint commissioner or a deputy commissioner makes an inquiry or hears an appeal under chapter v or chapter vi, the inquiry shall be made and the appeal shall be heard, as nearly as may be, in accordance with the procedure applicable under the code of civil procedure, 1908 (central act v of 1908) to the trial of suits or the hearing of appeals, as the case may be. ..... , under any of the foregoing sections of this chapter, may within sixty days from the date of the publication of the order or of the receipt thereof by him as the case may be, appeal to the commissioner and the commissioner may pass such order thereon as he thinks fit. ..... procedure and powers at inquiries under chapters v and vi. ..... section 110 provides for procedure and powers at inquiries under chapters v and vi. ..... the commissioner hears appeals under section 69 which is under chapter v of the act. .....

Ajit Datt Vs. Mrs. Ethel Walters (Decd.) Through L.Rs. and Others

Court : Allahabad

Reported in : 2000(4)AWC3270

..... uncodified hindu law both as to adoption and succession was, to some extent, based on customs having the force of law and civil courts to which bengal, agra and assam civil courts act, 1887, was applicable, were obliged to decide any question regarding succession, inheritance, marriage or caste or any religious usage or institution on the basis of such law if the parties to the suit or proceeding were hindus and on the basis of mohammadan law if the parties happen to be mohammadans and in other cases on the basis of justice, equity and good conscience. ..... , there exists no such custom, a childless hindu converted to christianity may in exercise of his fundamental right to life, adopt a child and in the case the only formality in order to constitute valid adoption would be a physical act of giving and taking 'a ceremony imperative in all adoptions' and this requisite is satisfied in it s essence only by actual delivery and acceptance of boy and since an adopted child seeks to displace the natural succession of property by alleging adoption, he must discharge the burden that lies upon him ..... 207and save as provided by 'any other law for the time being in force', the provision of chapter v shall constitute 'the law of india' in all cases of intestacy, section 37 of the act provides that where the intestate has left surviving him a child or children but no more remote lineal descendant through a deceased child, the property shall belong to his surviving child, if there is only one. .....

Manish Dogra Vs. Anima Rani Sinha

Court : Kolkata Appellate

..... power to fix local limits of the jurisdiction of any civil court under the bengal, agra and assam civil courts act, 1887 has been conferred on the state government in terms of section 13 thereof. ..... during progress of the present suit, the petitioner filed an application under section 151 of the code of civil procedure read with sections 24, 39 and 44 of the west bengal premises tenancy act, 1997 (hereafter the 1997 act) and rule 20 of the west bengal premises tenancy rules (hereafter the rules). ..... the chief judge of the city civil court at calcutta by relying on the decision in amiya prova das gupta (supra) dismissed the application ..... we are not, however, concerned with the provisions of chapter iv of the act inasmuch as the deposits have been made in court. ..... if indeed a deposit has been made in court in terms of section 7(1) of the 1997 act mentioning incorrect particulars on refusal by the landlord to accept rent when tendered in accordance with law, but there is material to hold that such incorrect particulars were mentioned due to bonafide errors, there is no reason as to why the trial court should feel precluded in law to order correction thereof to enable the landlord to withdraw the amounts constituting rent. ..... there is a difference between deposit of rent with the rent controller under the provisions of chapter iv of the act and deposit of rent in court under section 17(1) of the act. ..... deposits made with the rent controller should conform to the provisions of chapter iv of the act. .....

R. Ray Vs. V.G. Dalvi and ors.

Court : Kolkata

Reported in : AIR1963Cal380,65CWN191,[1962(5)FLR154]

..... the bengal agra and assam civil courts act, 1887 (act xii of 1887) is the basic law relating to civil courts ..... by other statutes like the bengal agra and assam civil courts act, 1887 (act xii of 1887). ..... the code of civil procedure and the letters patent arises will appear from aconsideration of sections 5, 6 add 7 of the city civil court act (west bengal act xxi of 1953 ..... in my opinion, the same arrangement has been followed in the city civil court act 1953 and we must come to the conclusion that section 5 of the act prescribes the jurisdiction and section 6 the procedure, so that while talking about the 'law for the time being administered by the high court in the exercise of its ordinary original civil jurisdiction' in section 7, it was not intended to refer to any jurisdictional law but to the substantive ..... that court is a recent creation of the new statute, the city civil court act, and its constitution, jurisdiction, functions and procedure as also the laws, that it will administer are all carefully provided and are to be ..... the division bench acting under chapter ii rule 1 (ii) in part i of the appellate side rules referred to a special division bench the following questions :(a) 'whether section 20, and section 20(c) in particular, of the code of civil procedure, apply to the city civil court, or whether, in such matters, the city civil court is governed by clause 12 ..... according to holland's jurisprudence (chapter xv) 'practice' and 'procedure' may be called adjective law, as .....