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State of Rajasthan and anr. Vs. R.C. Misra and ors.

Court : Rajasthan

Reported in : RLW2003(1)Raj155; 2003(1)WLN371

..... the civil courts amins act, 1856 was sought to be repealed because the institutions of amins in civil courts has been long abolished and it is no longer in vogue and therefore, this act had become obsolete, redundant and was no longer required to be on the statute book. ..... since an important question was raised about the maintainability of special appeals because of the repeal of the rajasthan high court ordinance, 1949 with the promulgation of judicial administrative laws (repeal) act, 2001, (hereinafter to be referred to as 'the act of 2001') affecting large number of cases in the matter of right of appeal to division bench against order passed by single judge in all the matters pending before court before various single benches and matters to enter the portals in future, a general notice was ..... governing matters enumerated in article 225, for the governance of rajasthan high court under the constitution, and became redundant, its repeal by the act of 2001 had no effect whatsoever on the exercise by the division bench jurisdiction in the matters of hearing appeals against the judgment of the learned single judges as it was exercising since such jurisdiction vested in rajasthan high court as one of the high court constituted under the constitution further by dint of article 225 of the constitution .....

Brojendra Kishore Roy Chowdhury Vs. Kali Kumar Chowdhury

Court : Kolkata

Reported in : AIR1919Cal815,(1919)ILR46Cal236

..... the power to make partitions in the case of such estates is conferred upon the revenue authorities and by section 154(1)(d)(e) and (f) the jurisdiction of the civil courts is excluded, except in the special case set out in sub-clause (e).7. ..... now that is the case for which specific provision was made in section 112 of the bengal estates partition act 1876, the act repealed and replaced in assam by the regulation. ..... with this knowledge and the provisions of section 112 of the old act before them, it is not likely that they, the framers of the regulation, overlooked and did not intend to provide for cases such as the present. ..... the 1st contention is based on the absence from the regulation of the special provision regarding lands common to a number of estates to be found in section 6 of the bengal estates partition act v of 1897. .....

Brojendra Kishore Ray Chowdhury Vs. Kali Kumar Chowdhury and ors.

Court : Kolkata

Reported in : 46Ind.Cas.967

..... the power to make partitions in the case of such estates is conferred upon the revenue authorities and by section 154(1)(d), (e) and (f) the jurisdiction of the civil courts is excluded except in the special case set out in sub-clause (e).8. ..... now that is the case for which specific provision was made in section 112 of the bengal estates partition act, 1876, the act repealed and replaced in assam by the regulation. ..... with this knowledge and the provisions of section 112 of the old act before them it is not likely that they, the framers of the regulation overlooked and did not intend to provide for cases such as the present. ..... the first contention is based on the absence from the regulation of the special provision regarding lands common to a number of estates to be found in section 6 of the bengal estates partition act, v of 1897. .....

Sir Fazalbhoy Currimbhoy and ors. Vs. Official Trustee of Maharashtra ...

Court : Supreme Court of India

Reported in : AIR1979SC687; (1979)3SCC189; [1979]2SCR699

..... that the claims were contested and was unable to say which of them were justified, he applied to the bombay high court under sub-section (2) of section 7 of the repealing act for orders and directions as regards the distribution of the trust properties amongst the several claimants. ..... hereditaments and premises particularly described in the first schedule hereunder written and of any other hereditaments of a freehold tenure and of the funds which may then be vested in them by virtue and operation of this act upon trust for the heirs of the last baronet absolutely and shall also stand possessed of the said hereditaments and premises particularly described in the second schedule hereunder written or such of them as may be still ..... contended by these appellants that alternatively the trust must be deemed to have extinguished on the death of the third baronet and that the trust properties devolved on them, their mother the dowager lady amine currimbhoy and the fourth baronet as the heirs of the third baronet. ..... are dismissed, and civil appeal no. ..... 1967 and civil appeal ..... result, civil appeal ..... urged on behalf of the appellants in civil appeal no. ..... the custodian of evacuee property, the appellant in civil appeal no. ..... munria fazal chinoy and mumtaz mohamed rahimtoola, the appellants in civil appeal no. ..... sir fazalbhoy currimbhoy, the appellant in civil appeal no. ..... has been filed by the custodian of evacuee property and civil appeal no. ..... has been filed by sir fazalbhoy currimbhoy, civil appeal no. ..... civil .....

In Re: Petition of Eatansi Kalianji and Six ors.

Court : Mumbai

Reported in : (1878)ILR2Bom148

..... . it was there held that the right of appeal to the district court from a decree made before act xiv of 1869, 'the bombay civil courts act, 1869,' came into operation, by a principal sadar amin, was not taken away by that act, though the amount or value of the subject-matter exceeded rs ..... theory that the detention under the arrest and the detention under the committal are, so long as they endure, to be deemed constantly continuous procedure on the part of the court, which theory is contended for on behalf of the petitioners), be amongst the results of holding that the repeal of the old code was complete as well with respect to proceedings (after decree) pending when the new code came into operation, as with respect to proceedings (after ..... ' before the statute (mercantile law amendment act, 1856), the delivery of the writ to the sheriff bound the goods as is said in the passage in wms. ..... . though, no doubt, the statute in question there, namely, 'the mercantile law amendment act, 1856,' was not a statute generally concerned with procedure, yet the particular provision in question, which altered the effect of a writ of fi. fa ..... 559) a decision in 1869, upon another section of 'the mercantile law amendment act, 1856,' a decision by lord chancellor hatherley. ..... 559) cited at the bar, the exchequer chamber held that the 1st section of 'the mercantile law amendment act, 1856' 19 and 20 vic., c. ..... the mercantile law amendment act, 1856 (19 and 20 vic. .....

Mukkattumbrath Ayisumma Vs. Vayyaprath Pazhae Bangalayil Mayomoothy Um ...

Court : Chennai

Reported in : AIR1953Mad425; (1952)2MLJ933

..... . the learned counsel for the respondent has, however, contended that in section 6 of act 26 of 1937, madras act 1 of 1918 is not repealed but only section 16, civil courts act, has been repealed and that, because section 2 of the said madras act 1 of 1918 and the explanation thereof exclude the tarwad property from intestate succession, it is contended that muslim personal law (shariat) application act does not apply to tarwad properties ..... . the question that arises now for consideration is, whether after section 16 of the civil courts act and particularly sub-clause (b) thereof had been repealed by act 26 of 1937 as being inconsistent with the provisions of that act, the application by courts of any custom or usage having the force of law, was still possible, and whether it could be made the rule of decision between the parties who were muslims after the enactment of act 26 of 1937 (the muslim personal law (shariat) application act) ..... . therefore, if there is any rule of law which has been in force by virtue of the courts having acted under clause (c) of section 16 of the civil courts act, if that rule of law is inconsistent with the provisions of act 26 of 1937, then certainly to that extent that rule of law would also stand repealed .....

Percy (Ap) (Appellant) Vs. Church of Scotland Board of National Missio ...

Court : House of Lords

..... in my opinion it is necessary to treat the question whether this is a case of "employment" within the meaning of section 82(1) of the 1975 act ("the contract issue") as a separate issue from the question whether, assuming that this is a case of "employment" as so defined, the appellant's complaint is excluded from the jurisdiction of the civil courts because it is a matter spiritual within the meaning of article iv of the declaratory articles ("the jurisdiction issue"). ..... in such cases it is for the civil courts whose jurisdiction in civil matters is expressly preserved by section 3 of the 1921 act, and to whom jurisdiction in these cases has been given by section 63(1) of the 1975 act, to provide the appropriate remedy. ..... if in their conduct of disciplinary proceedings the church authorities have committed some form of unlawful discrimination, they cannot, in my opinion, rely on section 3 of the church of scotland act 1921 as immunising them from the jurisdiction of the civil courts and tribunals to deal with such matters or from the remedies that the civil law makes available to the victim. ..... my own church caught up with the church of scotland in admitting women to the priesthood, and was thus no longer exempted by section 19, they were nonetheless expressly permitted to continue to discriminate against women in various respects by the (now-repealed) priests (ordination of women) measure 1993, s 6. .....

Hatimbhai Hassanally Vs. Framroz Eduljee Dinshaw

Court : Mumbai

Reported in : AIR1927Bom278; (1927)29BOMLR498

..... situated, or in all other oases, the cause of action shall have arisen, or the defendant at the time when the suit may be commenced shall reside as a fixed inhabitant within the limits of salsette.similarly, in regulation i of 1860 establishing a civil court in surat, there was in section 7 a provision in the same language as to 'the landed or other real property to which the suit or complaint may relate' having to be situated within the limits of ..... . as already mentioned, the indian law commissioners had directed their attention to the question of jurisdiction of the civil courts of the company, and it had been re-enacted by act ix of 1844 that suits relating to land had to be brought in the court within the limits of which that land was situated ..... case. in fact it appears from the amendment of section 382 of act viii of 1859 by part ii of the schedule to act xiv of 1870 that the words 'in any court of judicature established by royal charter' were repealed in that section, so that thereafter until 1877 the code of 1859 would extend also to any suit instituted in a high court, and section 3 of act xxiii of 1861 about the court returning a plaint in a suit relating to land if the land was not situate within the local limits of its ..... .15. the fourth report of the commissioners was published in .....

Puthiya Purayil Abdurahiman, Karnavan and Manager of the Tavazhi Tarwa ...

Court : Chennai

Reported in : (1956)1MLJ119

..... rate the state of madras was concerned, that the muslim personal law (shariat) application act should govern the muslims in all matters without any reservation.having held that sub-clause (b) of section 16 of the madras civil courts act had been repealed in toto, the learned judge proceeds to say that the customary rule of inheritance by survivorship cannot be made applicable by courts of law in this country to muslims, and, therefore, the proprietary interest of a ..... sub-clause (b) of section 16 of the madras civil courts act cannot be said to be consistent with section 2 of the shariat act of 1937 and that, therefore, that sub-clause should be considered to be repealed by section 6 of the shariat act. ..... repealed several provincial enactments in so far as they were inconsistent with the provisions of the act, one of them was section 16 of the madras civil courts act ..... judge's view that sub-clause (b) of section 16 of the madras civil courts act has been wholly repealed cannot be supported. ..... madras civil courts act was repealed but only so far as it was inconsistent with the provisions of the central act. ..... repeal, it is necessary to extract section 16 of the madras civil courts act ..... the learned judges said:before the passing of the shariat act, section 37 of the bengal, agra and assam civil courts act (xii of 1887) provided for the application of mussalman law to questions of succession, inheritance, marriage and religious usage and institutions only and left all other matters to be .....

State of Kerala and anr. Etc. Vs. K.C. Moosa Haji and ors. Etc.

Court : Kerala

Reported in : AIR1984Ker149

..... to a re-reading of the latter part of section 2 (f) (1) (i) (b) as :'lands used for any purpose ancillary to the cultivation of such crops and preparation of the same for the market';but the context, the approach made by the supreme court and the circumstance that the taluk land boards and forest tribunals in the state have been recognising such exemptions in appropriate cases, embolden us to adopt such a construction. ..... to put forward an argument that the forest (conservation) act, 198o (central act 69/80) has practically repealed the vesting act, and that consequently the custodian cannot take possession of any part of the private forests on the footing that such part has vested in the state-it was argued, with reference to the preambles of the two, enactments and article 254 of the constitution, that while the central act provides for the conservation of forests, the vesting ..... sections 12 to 14 dealt with the powers of the tribunals and the custodian, bar of jurisdiction of civil courts, and indemnity. ..... plantations are exempt from the ceiling provisions of the land reforms act, and in a number of cases brought up from the decisions of land boards, this court has been recognising the need for 'wind belts' as ancillary to rubber cultivation. .....