Judgment Search Results Home > Cases Phrase: bombay civil courts act 1869 part vi civil judges Page 1 of about 899 results (0.128 seconds)

Haji Umar Abdul Rahiman Vs. Gustadji Mancherji Cooper

Court : Mumbai

Reported in : (1910)12BOMLR354

..... in order to judge of the position of the assistant judge we must turn to the bombay civil courts' act xiv of 1869, part v, which is concerned with the creation and functions of assistant judges. ..... now, it is true that in the present case under the bombay civil courts act, section 19, the district court 'referred' the application for transfer made to it to the assistant judge's court for disposal; but a power to decide a case referred to it by a higher court does not necessarily make the court to whom it is referred the equal of the former unless the provisions of the law under which the case has to be decided confers jurisdiction on the lower court. ..... section 19 of the bombay civil courts act is a merely enabling section, giving power of reference to the district court in respect of suits and miscellaneous applications but section 24 prescribes the conditions of the jurisdiction of the district court. ..... it is objected that this order was without jurisdiction as the application was under section 24 of the code (act v of 1908) which gives power to the high court or district court (b) to withdraw any suit pending in any court subordinate to it and (i) try or dispose of the same or (ii) transfer the same for trial or disposal to any court subordinate to it, whereas the assistant judge has ordered the withdrawal of the suit from a subordinate court and transferred it for trial to a court superior to him. .....

Madhavi Madhukar Kulkarni Vs. Madhukar Ramchandra Kulkarni

Court : Mumbai

Reported in : AIR1984Bom239; 1984(2)BomCR26; (1983)85BOMLR600; 1984MhLJ34

..... part v of the bombay civil courts act deals with assistant judge. ..... p & berar courts act, nomenclature and phraseologyused was 'addtional district judge', whereas in bombay civil courts act, the nomenclature and the phraseology used is assistant judge. ..... 16, bombay civil courts act, to learned second extra assistant judge, satara, granted the decreeeeee of divorce. ..... it is also an admitted position that such law, so far as the state of maharastra is concerned, is the bombay city (sic) civil courts act, 1969 (18697) , section 16 of the said act reads as under :'16 the district judge may refer to any assistant judge subordinate to him original suits of which the subjects matter does not amount or value, applications or references under special acts and miscellaneous applications. ..... if the provision of these two enactment are read together, it is quite obvious that thee scheme of the bombay city civil courts act and that of the c.p. ..... pundalilk shankar air 1960 bom 521 were quite right in coming to the conclusion that whenever in a petition under the hindu marriage act a decreeeee is passed by a court civil judge, senior division an appeal lies to the district court and when a decreeeeee is passed by the assistant judge, then the appeal will lie to high court since the district court. .....

Savitribai and anr. Vs. Vithal Hari Petakar

Court : Mumbai

Reported in : AIR1981Bom430; (1981)83BOMLR434

..... in the light of the scheme of the bombay civil courts act, 1869, must clearly mean that where there are no courts of civil judge, junior division, established under the civil courts act, the suits or proceedings under the rent act would be triable by the principal judge of the court, viz. ..... and services department, published in the bombay government gazette extraordinary in part iv-a, which has been issued under sections 21, 22-a and 23 of the bombay civil courts act, 1869. ..... (2) the area specified in column 3 of the second schedule appended hereto shall be included in the local limits of the ordinary jurisdiction of the civil judges of the courts specified in columns 1 and 2 of the said second schedule; (3) the areas specified in column 3 of each of the said first and second schedules shall cease to form part of the local limits of the ordinary jurisdiction of the court or courts in which they were included immediately before the said date. ..... court of small causes is established under the provincial small cause courts act, 1887, such court and (b) elsewhere, the court of the civil judge (junior division) having jurisdiction in the area in which the premises are situate or, it there is no such civil judge, the court of the civil judge (senior division) having ordinary jurisdiction shall have jurisdiction to entertain and try any suit or proceeding between landlord and a tenant relating to the recovery of rent or possession of any premises to which any of the provisions of this part .....

Liladhar S/o Hemraj Agrawal Vs. Hon'ble Principal Civil Judge, Distric ...

Court : Mumbai

Reported in : 2006(3)ALLMR191; 2006(4)ARBLR100(Bom); 2006(6)BomCR226; 2006(3)MhLj244

..... counsel for the petitioner has pointed out said notification dated 27-2-1984 and also provisions of bombay civil court act, 1869, and the above referred allahabad ruling to demonstrate that additional district and sessions judge, gondia, is still not a principal civil court of original jurisdiction insofar as revenue district of gondia is concerned. ..... the provisions of bombay civil courts act, 1869, which are material in this respect are contained in part ii, section 3 which deals with alteration and creation of districts ..... the (official gazette), invest an additional district judge with all or any of powers of a district judge within a particular part of a district, and may, by like notification, from time to time determine and alter the limits of such part.the jurisdiction of an additional district judge so invested shall protanto exclude the jurisdiction of the district judge from within the said limits.every additional district judge so invested shall ordinarily hold his court at such place within the local limits of his ..... jurisdiction as may be determined by the state government and may, with the previous sanction of the high court hold it at any other place within .....

Abaji Vithal Paranjpe Vs. Narhari Keshav Dharap

Court : Mumbai

Reported in : AIR1927Bom460; (1927)29BOMLR947

..... that argument is at once met by a reference to section 21 of the bombay civil courts act 1869. ..... addition to that jurisdiction the first class subordinate judge has a special jurisdiction, as it is termed, conferred by section 25 of the bombay civil courts act. ..... the jurisdiction is there, and taking the words 'local limits of its jurisdiction' in their wider sense it is clear the notification must bo read as investing the court of the first class subordinate judge with insolvency jurisdiction in all cases arising within the district. ..... special jurisdiction is in respect of suits and proceedings of a civil nature wherein the subject-matter exceeds five thousand rupees in amount or value as may arise within the local jurisdictions of the courts in the district presided over by subordinate judges of the second class. ..... the limits of the district the first class subordinate judge has jurisdiction, though it is not a jurisdiction in all civil suits or proceedings but only in those civil suits or proceedings wherein the subject-matter exceeds rs. ..... runs as follows :- 'the governor in council, in exercise of the said powers, is pleased to invest all courts of subordinate judges of the first class with jurisdiction under the said act in all classes of cases arising within the local limits of the jurisdiction of such courts. ..... the face of that section it is clear that it is impossible to contend that any of the courts constituted under part vi of this act are not subordinate to the district court. .....

Vishwanath Vishnupant Pagnis Vs. Prabhakar Raghunath Karekar

Court : Mumbai

Reported in : (1960)62BOMLR950

..... section 7 of the bombay civil courts act, 1869 (hereinafter referred to as the act of 1869) provides:the district court shall be the principal court of original civil jurisdiction in the district, within the meaning of the code of civil procedure.section 8 provides that the district court shall be the court of appeal from all decrees and orders passed by the subordinate courts from which an appeal lies under any law for the time being in force. ..... , that the assistant judge is a component part of the district court, is correct, then it is clear that there was no need of making the kind of provision as is made in the second clause of section 17 of the act of 1869 so far as appeals are concerned. ..... he also contended that the assistant judge is a component part of the district court and, therefore, under section 29(j) of the act, the assistant judge can exercise all the powers, which are exercisable by the district judge. ..... part iv relates to joint judges and section 12 says that the state government may appoint in any district a joint judge who shall be invested with co-extensive powers and a concurrent jurisdiction with the district judge. ..... part v relates to assistant judges and sections 16 and 17 are material for our present purpose. .....

Somalal Nathjibhai Siroyia Vs. Arjandas Jodharam and ors.

Court : Gujarat

Reported in : (1967)8GLR337

..... under the bombay civil courts act, 1869, the district court is the principal court of civil jurisdiction and the district judge presides over it and as such has jurisdiction to decide all matters filed in his court. ..... the learned district judge in holding that he, as the district judge, had jurisdiction to decide the petition, relied upon the provisions of the bombay civil courts act, 1869. ..... for the purpose of the said inquiry the said judge may summon and enforce the attendance of witnesses and compel them to give evidence as if he were a civil court, and he may also direct by whom the whole or any part of the costs of any inquiry shall be paid; such costs shall be recoverable as if they had been awarded in a suit under the code of civil procedure. ..... the same sub-section then goes on further to empower the specially empowered judge to summon and enforce the attendance of witnesses and compel them to give evidence as if he were a civil court, and he may also direct by whom the whole or any part of the costs of such enquiry shall be paid; and such costs shall be recoverable as if they had been awarded in a suit under the code of civil procedure and that the decision or order shall be conclusive.it seems to me that clearer ..... this is an error on his part. .....

Sureshkumar Vs. Maharashtra State Electricity Distribution Company Ltd ...

Court : Mumbai Nagpur

..... while dealing with this objection in the revision filed before the high court, the learned single judge, relying upon sections 21 and 22 of the bombay civil courts act, 1869, held in paragraph 5 thus:- the scheme of the act thus shows that the civil judges are appointed in the district and all of them are subordinate to the district judge who is a head of that civil district ..... having found lack of territorial and pecuniary jurisdiction on the part of the civil judge, junior division nagpur, learned district judge went on to quash and set aside the judgment and decree passed by the trial court and thereby dismissing the suit itself. ..... substantial question of law involved in this appeal relates to lack of territorial and pecuniary jurisdiction on the part of court of civil judge, junior division, nagpur to try the suit. 18. ..... . appeal is partly allowed with proportionate costs and the matter is remanded to the court of district judge, nagpur, for deciding the case afresh in accordance with law by examining the legality and correctness of the findings recorded by the trial court as regards the failure of the respondent to prove the contents of the electric bill vide ..... . the judgment debtor therein had objected to a decree contending that the court of civil judge at nagpur who entertained and disposed of the suit had no territorial jurisdiction, as the property was not situated at nagpur, no part of cause of action had accrued at nagpur and the defendant was also not the resident of .....

Kamal V.M. AllaudIn and Etc. Etc. Vs. Raja Shaikh and Etc. Etc.

Court : Mumbai

Reported in : AIR1990Bom299

..... he also drew my attention to part iii of the bombay civil courts act, 1869. ..... section 3(17) of that act defines a district judge to mean the judge of a principal civil court of original jurisdiction, but also states that it shall not include a high court in the exercise of its ordinary or extraordinary original civil jurisdiction. ..... section 19 of the act makes it clear that the court so constituted shall be entitled the parsi chief matri-monial court of bombay (in so far as presently material) and the local limits of the jurisdiction of the court shall be conterminous with the local limits of the ordinary original civil jurisdiction of the high court, and the chief justice of the high court or such other judge of the same court as the chief justice shall from time to time appoint, shall be the judge of such matrimonial court, and in the trial ..... , concluded thus:--'respectfully following the observations of the learned judge, i am bound to hold that the phrase 'matrimonialjurisdiction' as contained in section 3(a) of the bombay city civil court act refers and relates to all matters matrimonial. .....

Motilal Virchand Vs. the Collector

Court : Mumbai

Reported in : (1906)8BOMLR904

..... the court of a mamlatdar, is or is not a civil court within the meaning of act x of 1876, it would be absurd to hold that a suitor can call in question a decision or order of the collector by making that officer a party in a summary proceeding before the mamlatdar, when the law specifically provides that if an ordinary suit is brought in which any officer of government is a party, it must be brought in the court of the district judge : (section 32 of the bombay civil courts act xiv of 1869 ..... was amended by section 15 of act x of 1876 which runs 'for section 32 of the bombay civil courts act xiv of 1869 the following shall be substituted namely. ..... opinion the matter is governed by section 32 of the bombay civil court's act xiv of 1869 as amended and re-enacted in act x of 1876, section 15. ..... published in bombay government gazette, part vii, of the 26th february (1906) to repeal the mamlatdar's courts act (bombay act iii of 1876 ..... i do not feel pressed by the argument that if this view is correct it was unnecessary to amend section 32 by the act x of 1876, section 15, by including courts of small cause in the first part of section 32 of act xiv of 1869, first because amend-ments are often made to remove doubts and not to indicate any change in the original intention of the ..... on the powers of the courts named in the first portion of the section is referred to, but no mention is made of the exclusive jurisdiction given by the last part of the clause to the court of the district judge.31. .....