Judgment Search Results Home > Cases Phrase: bombay civil courts act 1869 section 4 position of sadr station Page 1 of about 293 results (0.103 seconds)

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

..... these provisions are read with section 2(4) of code of civil procedure, it is seen that till this date the state government has not exercised powers under section 3 of bombay civil courts act, 1869, and has not altered the area of bhandara district or has not created a new district of gondia for the purposes of said act. ..... notification dated 27-2-1984 is perused, the notification clearly shows that it is issued under section 19 of bombay civil courts act, 1869, in the name of hon'ble governor of maharashtra. ..... under section 19 therefore does not have the effect of creating a gondia district and it is not substitute for a notification under sections 3 and 4 of bombay civil courts act, 1869.10. ..... 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 reads as ..... as per section 5 of the act, a district court presided over by the district judge is provided in each district and the district judge has to ordinarily hold the district court at sadar station in his ..... section 4 which deals with position of sadar station reads as ..... state government may also from time to time, by notification in the (official gazette), alter the position of the sadar station in any district, and fix the position of the sadar station in any new district. ..... has also to fix the position of sadar station in such district. ..... similarly, no sadar station is prescribed as contemplated by section 4 thereof at .....

C.C. Basu Vs. Patel Dahyabhai Vaghjibhai and ors.

Court : Gujarat

Reported in : (1967)8GLR123

..... having ordinary jurisdiction in the area within which the election has been or should have been held for the determination of such question; and in the light of the provisions of section 23 of the bombay civil courts act, the division bench held that a civil judge (junior division), who has been posted as a joint judge, under section 23 of the bombay civil courts act, 1869, at a place where there is no court of the civil judge (junior division), has no independent court, where suits and proceedings can be filed. ..... is thus clear that there is only one court in mehsana town and that of the civil judge (senior division), who has under section 24 of the bombay civil courts act, 1869, jurisdiction to dispose of all original suits and proceedings of a civil nature whether of the value of rs. ..... is with reference to the background of these provisions of the bombay civil courts act, 1869, that one has to consider the provisions of section 28 of the act, viz. ..... said special jurisdiction is to be exercised.it may be pointed out that under section 32 of the bombay civil courts act, no subordinate court other than the court of a civil judge (senior division) and no court of small causes shall receive or register any suit in which the crown or any officer of the crown in his official capacity is a party; and sub-section (2) of section 32 provides that in every such case the plaintiff shall be referred to the court of the civil judge (senior division) and such suit shall be instituted only in the .....

Western Shipbreaking Corporation Vs. Clare Haven Limited, United Kingd ...

Court : Gujarat

Reported in : (1997)3GLR1984

..... shah has relied upon section 7 of the bombay civil courts act, 1869 which reads as under : 'original jurisdiction of district court-the district court shall be the principal court of original civil jurisdiction in the district, within the meaning of the code of civil procedure. ..... sanjanwala, learned advocate for the respondent, has argued that the powers of the joint district judge are co-extensive and concurred with that of the district judge as defined under section 12 of the bombay civil courts act, therefore, shall also be construed as the principal court of original civil jurisdiction and shall have jurisdiction to entertain execution. 26. ..... ), this court held that by virtue of sections 12 and 13 of the bombay civil courts act, the joint district judge to whom the matter is transferred by the district judge has competence to hear the appeal under section 9 of the gujarat public premises (eviction of unauthorised occupants) act, 1972 which in terms provides that the powers have to be exercised by district judge only. 28. ..... i say that repealing section 85 is self-contained and provision for positive and negative aspect, therefore, is to be interpreted keeping in mind intention of legislation without taking recourse to any other provision much less section 6 of the general clauses act as held by the supreme court in the case of indira sohanlal v. .....

Kanak Vinod Mehta Vs. Vinod Dulerai Mehta

Court : Mumbai

Reported in : 1991(1)BomCR69

..... i may point out that as the bombay civil courts act establishes district courts so also it establishes subordinate civil courts and the district court is the court of appeal from decrees and orders passed by the 'subordinate courts' (see section 8 of the bombay civil courts act).12. ..... it is therefore, clear that the district court established under section 5 of the bombay civil courts act is the 'district court' referred to in the said item (4) of section 2 of the code of civil procedure. ..... this high court is not established under any provision of the bombay civil courts act. ..... simen's argument that this high court is the one referred to in section 7 of the family courts act as 'subordinate civil court' was on the same lines as his argument that the high court is a 'district court' and for the same reasons it must be ..... made on behalf of the defendant a preliminary issue on jurisdiction arises and the same is as follows :'whether, on the plaint as it stands, it is the family court which has the jurisdiction in respect of this suit by virtue of the provisions of section 7 of the family courts act and therefore, on the establishment of the family court this court has ceased to have jurisdiction in respect of this suit by virtue of clause (a) of section 8 of the family courts act and the suit stands transferred to such family court by virtue of clause (c) of section 8 of the family courts act.' 3. ..... the bombay civil courts act, 1869 says that there shall be in each district a district court. .....

FountaIn Head Developers Vs. Mrs. Maria Arcangela Sequeira (Since Dece ...

Court : Mumbai

Reported in : AIR2007Bom149; 2007(3)ALLMR304; 2007(2)ARBLR362(Bom); 2007(3)BomCR393; 2008(1)CTC7

..... and omni bus industrial development corporation as also various provisions in the act of 1996, the, bombay civil courts act, 1869, goa, daman and diu civil courts act, 1965, code of civil procedure as also the judgments of other high courts. ..... section 5 of the bombay civil courts act defines 'district judges' to mean that there shall be in each district a district court presided over by a judge to be called the district judge. ..... under section 3(17) of the general clauses act, 1897 and section 3(15) of the bombay general clauses act, 1904 the term 'district judge' means the judge of a principal civil court of original jurisdiction. ..... keeping a literal meaning of the words 'inferior' and 'grade' in view, if the expression 'but does not include any civil court of a grade inferior to such principal court' is read, in our opinion, it means no court subordinate/inferior to the principal civil court of ordinary original civil jurisdiction in a district, would be covered within the meaning of 'court' as defined under section 2(e) of the act of 1996. ..... in this judgment the learned single judge has, however, clearly observed that the court, as defined under section 2(e) for the purpose of the act of 1996 means the principal civil court of original jurisdiction in a district and according to the provisions of the bombay civil courts act, the district court in each district is the principal civil court of original jurisdiction and not the civil judge, senior division. .....

Radheshyam S/O Zumbarlal Chandak, Aged About 60 Years, Vs. the Distric ...

Court : Mumbai Nagpur

..... the position thus, was that although the court of civil judge, junior division, is empowered to entertain and try the suits or proceedings of a civil nature wherein the subject matter does not exceed its amount or value of rupees one lakh, as contemplated by section 24 of the bombay civil courts act, 1869, its jurisdiction was excluded at a place where the court of small causes is established by the state government, to try and decide the suits of a civil nature, the value of which does not exceed rupees two thousand.12. ..... , has expressed the opinion that section 28 of the bombay civil courts act, 1869 does not confer the power upon the high court to invest any civil judge with the jurisdiction of a court of small causes for trial of suit cognizable by such court, irrespective of the value of the subject matter of such suit and, therefore, any civil judge invested with the jurisdiction of the court of small causes under section 28 of the bombay civil courts act, 1869 cannot exercise jurisdiction to entertain and try the suit or proceedings between a licensor and licensee .....

Mrs. Moti Natwarlal and ors. Vs. Raghavayya Nagindas and Co.

Court : Supreme Court of India

Reported in : AIR1977SC1778; (1977)2SCC761; [1977]3SCR351

..... the bombay city civil court act 60 of 1948, provides by section 18(1) that all suits and proceedings cognizable by the city civil court and pending in the high court, in which issues have not been settled or evidence has not been recorded shall be transferred to the city civil court. ..... there is no corresponding rule which can apply to suits and proceedings instituted in the city civil court after the bombay city civil court act, 1948 came into force and in the absence of such rule, the rules framed under section 18(2) cannot support the appellants' contention. mr. ..... parekh also drew our attention to the 'rules of the bombay city civil court, 1948' framed by the bombay high court under section 224 of the government of india act, 1935 but we see nothing in those rules either which can assist his contention regarding the power of the taxing master to tax an attorney's bill as between himself and his client. 17. ..... a judicious exercise of discretion postulates elimination of unfair play, particularly where one party to a transaction is in position to dominate the will of the other. ..... rule 9 on which counsel relies particularly, makes this position clear by providing:9. .....

Prabhakar Bhaskar Vs. Usha Prabhakar

Court : Mumbai

Reported in : AIR1953Bom189; (1953)55BOMLR59; ILR1953Bom323

..... section 8, bombay civil courts act, 1869, enacts that the district court shall be the court of appeal from all decrees or orders passed by the subordinate courts from which an appeal lies under any law for the time being in force, except in cases provided in sections 16, 17 and 20. ..... eege that as the decree under appeal is a decree of the court of the civil judge, senior division, thana, an appeal would lie to the district court under the provisions of section 8, bombay civil courts act of 1869. ..... although therefore the words 'an appeal shall lie to the high court' are not specifically mentioned therein, as they are in section 26, bombay civil courts act, section 13 read with a. ..... rege that under section 26, bombay civil courts act, there was a specific reference made to an appeal lying to the high court in respect of suits the amount or value of the subject-matter of which exceeded es. ..... but an amendment of section 26, bombay civil courts act, made decrees in all suits decided by a civil judge, the amount or value of the subject-matter of which did not exceed rs. ..... [5] we think that this position is clear enough in respect of all suits filed after the amending act 26 of 1950 came into force on 27-5-1950. ..... at page 872 of the report, the learned judge observed as follows :'the legal position with, regard to the litigants' right to file an appeal is fairly well settled the amendments made by the present act cannot be said to be merely procedural. .....

Ramjibhai Lalbhai Patel Vs. Shantaben

Court : Gujarat

Reported in : AIR1984Guj167

..... under section 24 of the bombay civil courts act 1869 is not taken at an earlier stage in the court below then whether a plea of want of jurisdiction can be allowed to be raised for the first time in appeal? ..... 16 of the bombay civil courts act, 1869 provides that where the assistant judge's decrees and orders in such cases are appealable, the appeal shall lie to the district judge or to the high court according as the amount or value of the subject-matter does not exceed or exceeds twenty thousand rupees. ..... the forum of appeal has to be determined under 'the law for the time being in force, which in the present case is the bombay civil courts act and under section 8 of the bombay act an appeal from the order of that court lies to the district judge of the district and not to the high court. ..... the forum of appeal is prescribed under section 16 of the bombay civil courts act and therefore for determining the forum of appeal we must make a reference to section 28 of the hindu marriage act. ..... it is really a positive test which has to be applied and that test is whether the that in such cases the plaintiff may subject matter is within the pecuniary jurisdiction of the civil judge (junior division) which is ten thousand rupees.. ..... the same position would also obtain in case of a suit arising within the local limits of the ordinary jurisdiction of the civil judge (senior division). .....

Natvarlal Khodidas Parmar Vs. District Panchayat, Jamnagar

Court : Gujarat

Reported in : AIR1990Guj142; (1989)2GLR909

..... section 32 of the bombay civil courts, act, 1869 inter alia provides that no subordinate court other than the court of civil ..... to the aforesaid two decisions the learned district judge came to the conclusion that in view of the provisions of the bombay civil courts act, 1869, suit against panchayat could have been filed only in the court of civil judge (senior division) and hence the learned joint civil judge (j.d. ..... 24 of the bombay civil courts act 1869, the suit could have been and should have been filed in the court of civil judge (junior division ..... the bombay civil courts act, 1869 it is evident that by this provision the jurisdiction of the court of civil judge (j.d ..... the provisions enacted by bombay civil courts act, 1869 for filing suits against the state government and central government are not applicable ..... it was contended by the learned counsel appearing for the respondent-district panchayat that the court of civil judge, junior division, and jamnagar had no jurisdiction to entertain the suit and to pass ..... appeal the learned district judge also decided the contention regarding the jurisdiction of the court of civil judge, junior division, to entertain the aforesaid suit.2. ..... of the aforesaid position, the finding arrived at 'by the learned district judge that the joint civil judge (j.d. ..... in view of the aforesaid position, the decision rendered by the learned district judge that the civil judge (junior division) had no jurisdiction to try the suit is erroneous and the same cannot .....