Court : Mumbai
..... is liable to issue that the provisions of section 28a (2) and section 28a(3) of the bombay civil courts act 1869 are inconsistent with and repugnant to the provisions of section 299 of the indian succession act, 1925 and every order made by a district judge under the indian succession act, 1925 or every orders made by a civil judge invested with the powers of a district judge or a district court, as the case may be, under the indian succession act, 1925 in terms of sub-section (1) of section 28a of the bombay civil courts act, 1869 shall be subject to appeal to the high ..... court in accordance with the provisions of code of civil procedure ..... same is the position with the decision of the full bench of the madras high court and the division bench of the gujarat high court. 36. ..... the position of law is, therefore, clear in that later laws repeal earlier laws, inconsistent therewith. .....
Tag this Judgment!Court : Mumbai
..... is liable to issue that the provisions of section 28a (2) and section 28a(3) of the bombay civil courts act 1869 are inconsistent with and repugnant to the provisions of section 299 of the indian succession act, 1925 and every order made by a district judge under the indian succession act, 1925 or every orders made by a civil judge invested with the powers of a district judge or a district court, as the case may be, under the indian succession act, 1925 in terms of sub-section (1) of section 28a of the bombay civil courts act, 1869 shall be subject to appeal to the high ..... court in accordance with the provisions of code of civil procedure ..... same is the position with the decision of the full bench of the madras high court and the division bench of the gujarat high court. 36. ..... the position of law is, therefore, clear in that later laws repeal earlier laws, inconsistent therewith. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1960Kant292; AIR1960Mys292; ILR1960KAR867
..... 28 when there is no mention of 'district court' in that section.the forum for appeal from any decree or order made by any court in any proceedings under the act ahs to be determined with reference to the provisions of the bombay civil courts act, 1869; if such a decree or order has been made by a court which is subordinate to the district court, then under s. ..... section 28 of the act which provides for appeal from decrees and orders made in any proceedings under the act, does not specify the forum to which such appeal should lie, but merely states that all decrees and orders made by the court in any proceedings under the act may be appealed from under any law for the time being in force.section 8 of the bombay civil courts act, 1869 states that (except as provided in ss. ..... the decision sought to be appealed from in this case is one given by the court of a civil judge, senior division, which is a court subordinate to the district court under the bombay civil courts act, 1869; therefore, the forum of appeal is only the district court.this view finds support in the decisions reported in : air1959mad510 and air 1960 bom 42. ..... 8 of the bombay civil courts act, 1869 it would appear that it is to the district court that appeals would lie from the decrees and orders made by a civil judge, senior division, in proceedings under the act.the language of s. ..... 8 of the bombay civil courts act, 1869, an appeal lies to the district court. ..... 7 of the bombay civil courts act, 1869. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1996Bom29; 1995(4)BomCR661; 1995(2)MhLj336
..... section 28-a of the bombay civil courts act, 1869 reads as under:--'28-a (1) the high court may by general or special order invest any civil judge within such local limits and subject to such pecuniary limitation as may be prescribed in such order with all or any of the powers of a district judge or a district court as the case may be under the indian succession act, 1865, the probate and administration act, 1881 or paragraph 5 of schedule iii to the code of civil procedure, 1908. ..... 10,000/-, in view of the provisions contained in section 28-a of the bombay civil courts act, 1869, the appeal lay against such order passed by the civil judge, senior division to the court of the district judge. ..... (ii) in exercise of the powers conferred by section 28-a(1) of the bombay civil courts act (xiv of 1869), the high court has invested all civil judges (senior division), with all the powers of a district judge to take cognizance of any contested proceeding indian succession act 1925, within the local limits of their respective jurisdiction that may be transferred to them by their respective district judges.'6. ..... 5861 dated the 25th october 19890 issued under section 26(1) of the succession certificate act (vii of 1889), and printed at page 1259 of the bombay local rules and orders under central acts, volume i, 1953 edition, under which all civil judges in this state have for the purpose of the said act been invested with the function of a district court. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom255; (1978)80BOMLR64; 1978MhLJ641
..... with respect the above observations support my view that having regard to the provisions of section 12 of the bombay city civil court act, 1948, read with the notification of 1950, issued under section 4 of the bombay city civil court act 1948, it is the bombay city civil court which is the principal court of original civil jurisdiction in respect of the matters covered by the notification of 1950, and, therefore, it would be the district court referred to in section 44a of the civil p. c.22. ..... the combined effect of section 12 of the bombay city civil court act, read with the notification of the government dated 20th january 1950 is to constitute the bombay city civil court as the principal civil court of original side within the limits of greater bombay in respect of suits and other proceedings of civil nature not exceeding rs. ..... clearly therefore the learned judge was in error when without taking into consideration the effect of the provisions of sections 4 and 12 of the bombay city civil court act, 1948, he concluded that the city civil court at bombay was not the district court as that expression occurs in section 44a of the civil p. c. ..... there is also no doubt that in the absence of provisions in the bombay city civil court act, the original side of the high court would have been the district court as defined in section 2(4) of the civil p. c. ..... that position is also affirmed by sub-section (5) of the said section 5. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom485
..... section 23 of the bombay civil courts act of 1869 ..... those powers are controlled by the provisions of section 24 of the civil procedure code, and are necessarily limited to administrative orders allocating business, then, undoubtedly, the order of transfer purporting to have been made under clause (5) of section 23 of the bombay civil courts act, after another subordinate judge had taken cognizance of ..... section provides that-a subordinate judge...appointed or deputed to assist in the court of another subordinate judge shall dispose of such civil business within the limits of his pecuniary jurisdiction as may, subject to the control of the district judge, be referred to him by the judge of such court.undoubtedly, the judge of the court in question was a first class subordinate judge, and the jurisdiction was clearly assumed under the supposed powers of transfer conferred on him by clause (5) of section ..... of a suit from one court to another under section 24 of the civil procedure code could not be made unless the suit had been brought in a court having jurisdiction. ..... their lordships observed that, although jurisdiction cannot be conferred by consent where there is an entire absence of jurisdiction, in a case where the court is competent to entertain the suit, if it were competently brought, the defendant may be barred by his own conduct from objecting to the irregularities in the ..... and designs act such a suit could only be brought in a district court, but it was brought in the court of a .....
Tag this Judgment!Court : Mumbai
Reported in : (1954)56BOMLR540
..... ramrichpal : air1952bom75 where we were considering the effect upon the jurisdiction of this court of section 12 of the city civil court act; and what was held in those two cases was that suits on mortgages in respect of land situated outside the ordinary jurisdiction which were cognizable by this court before the city civil court act was enacted continued to be cognizable by this court, because under the bombay city civil court act jurisdiction has not been conferred upon the city civil court to try suits of that nature. ..... now, when one looks at the bombay city civil court act and the scheme of the bombay rents, hotel and lodging house rates control act the position becomes amply clear. ..... the first distinction which is obvious is that section 3 does not set up a special court with exclusive jurisdiction; it sets up a civil court with a particular pecuniary jurisdiction; and the position of the city civil court is like that of the other civil courts in the state and all rules as to jurisdiction contained in the civil procedure code apply to the city civil court. ..... it is a suit by a person entitled to enforce a charge claiming to be in the position of a mortgagee of the property of the defendant described in the agreement.14. ..... this being the position, it is unnecessary to summarise the terms and conditions and covenants contained in this agreement. ..... the position is identical here. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1937Bom25; (1936)38BOMLR1196; 166Ind.Cas.893
..... section 40 of the bombay civil courts act provides for the appointment of a clerk of a civil court, and directs that in addition to such duties as may from time to time be prescribed by the high court, he may receive and register plaints, and shall refer such as he may consider should be refused for the orders of the judge of the court ..... accept a plaint at any hour he chooses though outside office hours, and at any place he chooses, and i see myself no reason to doubt that the clerk of the court, who is a duly constituted officer of the court with power to accept a plaint under the bombay civil courts act, can accept that plaint outside office hours and outside the court buildings, although i do not for a moment suggest that the clerk is bound to accept a plaint out ..... this is an application in revision under section 115 of the civil procedure code against an order made by the district judge of east khandesh, and it raises a ..... documents that the only proper answer to such a question would be that the plaint was not accepted on february 28, 1933, and as it would follow from such a finding that the orders of the lower courts are right, it is undesirable to make any reference on the question of fact. ..... the plaintiff presented his plaint to the clerk of the subordinate judge's court, in which the plaint was to be filed, at the clerk's ..... the fact that the plaint was accepted by the clerk, i should disagree with the judgments of the lower courts and hold that the plaint was presented in time. .....
Tag this Judgment!Court : Gujarat
Reported in : 2008GLH(1)305
..... it is an admitted position that prior to the enactment of gujarat civil court act,2005, the presiding officers of the fast track court were in the cadre of joint district judges and therefore, by virtue of the provisions of bombay civil court act and more particularly, sections 12 & 13, they have coextensive and concurrent jurisdiction with the district judge and all regulations and the act as where in the year 1869 and thereafter, are to apply with the same force as at par with the district judge. ..... therefore, in view of section 13 of the bombay civil court act read with section 12 of the bombay civil court act, all courts of the joint district judge, if appointed for such purpose by the state government, are competent to exercise coextensive and concurrent jurisdiction with the district judge of the said district.10. ..... the perusal of the said decision shows that the aforesaid statutory provision of sections 12 & 13 of the bombay civil court act as well as section 4(3)(ii) of the gujarat civil court act were not brought to the notice of the court. ..... part iii of the bombay civil court act provides for district court and sections 5, 6, 7 & 11 of the said act which is relevant for the purpose of this petition reads as under:5. ..... - the district judge shall ordinarily holder the district court at the sadr station in his district, but may, with the previous sanction of the high court, hold it elsewhere within the district.7. .....
Tag this Judgment!Court : Mumbai Nagpur
..... in response to the expression of the aforesaid view, it is urged by shri kukday, the learned counsel for the landlords, that in terms of clause (c) of sub-section (1) of section 33, it is the court of ordinary jurisdiction constituted under section 21 of the bombay civil courts act, 1869, which is empowered to entertain, try and decide the suit and the district court constituted under section 5 therein is empowered to hear and decide the appeals under clause (b) of sub-section (1) of section 34 of the maharashtra rent control act. ..... it, therefore, becomes very clear that but for the provision of clause (c) of sub-section (1) of section 33 of the said act, the ordinary jurisdiction of the civil court under the provision of section 21 of the bombay civil courts act to entertain and try any suit or proceeding between a landlord and a tenant relating to recovery of rent or possession of any premises is expressly barred. ..... in the light of this position the apex court has held that the exclusion of the applicability of the code of civil procedure is not to be readily inferred. ..... the position of law in respect of power to review the judgment and order passed by the court is well-settled in various decisions of the apex court, which have been followed by this court in two decisions (i) in the case of shikshan prasarak mandal delivered by the full bench of this court, cited supra, and (ii) in the case of kausalyabai delivered by the learned single judge of this court, cited supra. .....
Tag this Judgment!