Court : Mumbai
Reported in : 2008(6)ALLMR1; 2009(1)BomCR316; 2009(1)MhLj303
..... rule 5 states all applications for transfer of suits, appeals, criminal cases or other proceedings pending for trials or disposal in any of the civil court or the criminal court subordinate to high court or over which the high court has power of superintendence to another court subordinate to or under the superintendence of high court or to the high court, may be disposed of by ..... stated that she has to examine witness from akola and she has also explained that even for filing of the application under section 24 of the code of civil procedure at mumbai she was facing difficulties and therefore she has filed the matter before nagpur bench (this bench). ..... out provisions of chapter xxxi rule 2 of bombay high court appellate side rules, 1960 to raise objection that court at biloli being outside the jurisdiction of this bench, such application under section 24 of civil procedure code, ought to have been filed before the aurangabad bench, which exercises jurisdiction over nanded district. ..... the hon'ble apex court has found that the expression 'cause of action' with regard to a civil matter meant that it should be left to the litigant to institute case at lucknow or at allahabad bench, according to the cause of action arisen wholly or in part within either ..... by wife are pending in court subordinate to principal bench, the wife concerned can move application under section 24 of the code of civil procedure before such bench, though case filed by the husband is in any other judicial districts. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom193; (1980)82BOMLR212; 1977LabIC654; 1976MhLJ755
..... court in limine and in the appeal before the supreme court the question that arose for determination was whether the proviso to sub-rule (1) of rule 5 of the central civil services (temporary service) rules 1965, which had been amended with retrospective effect from 1st may 1965 was a valid one or not. ..... the high court had taken the view that to the extent to which the rules dealt with the topic of regulating recruitment to civil services under the state, the source of the power could only be the proviso to article 309 of the constitution, but this view of the high court was overruled ..... secondly it was pointed out that before the supreme court memorandum itself announced that necessary amendments to the state civil services regulations would be 'issued in due course' and the memorandum was subsequently followed by a notification issued expressly in exercise of the power conferred by the proviso to article 309 of the ..... the supreme court has observed:'the high court held that there can be little doubt that to the extent the rules deal with the topic of regulating recruitment to civil services under the state, the source of the power could only be the proviso to article 309 of the constitution. ..... in that case the appellant who was appointed as airport ticket clerk in the civil aviation department, government of india, on 14-8-1967, was served with a notice terminating his services 'forthwith' on 15-6-1971 and it was directed that he shall be paid a sum equivalent to the amount of pay .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)ALLMR191; 2006(4)ARBLR100(Bom); 2006(6)BomCR226; 2006(3)MhLj244
..... 313 and other case law to substantiate his stand that district judge, bhandara, alone was principal civil court of original jurisdiction and the additional district judge and sessions judge, gondia, was not competent to take cognizance of ..... the district judge has been empowered to exercise general control over all civil courts and their establishments within the district and section 9 prescribes that it shall be the duty of district judge to inspect or to cause one of his assistants to inspect the proceedings of all courts subordinate to him and ..... observations as contained in paras 6 and 7 reveal that the learned single judge considered the provisions of section 3(17) of general clauses act, 1897 and also the expression principal civil court of original jurisdiction in a district and found that both are synonym. ..... when 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 ..... , learned 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. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom181; (1959)61BOMLR39; ILR1959Bom850
..... the petitioner opposed this application and alleged that it was not made in accordance with any provision of law, that the provisions of the code of civil procedure did not apply to the proceedings under the payment of wages act, and that the authority had therefore no jurisdiction to pass any order upon hiraman's application. ..... the section runs as follow: 'every authority appointed under sub-section (1) of section 15 shall have all the powers of a civil court under the code of civil procedure, 1908, for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling production of documents..... ..... ' apart from any other power under section 18, the authority has 'all the powers of a civil court under the code of civil procedure.....for the purpose of compelling the production of documents.' 4. ..... , 'all the powers of a civil court under the code of civil procedure, 1908, for the purpose of .....compelling the production of documents. ..... 11 of the code of civil procedure which deals with discovery, inspection and production of documents. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1954Bom370; (1954)56BOMLR365; ILR1954Bom615
..... so, in suits which fall to be decided under the provisions of such rent restriction acts compromise decrees are sometimes passed and the question as to the relationship which results from such compromise decrees has often to be considered by civil courts.in considering this question, however, an initial difficulty arises because in such cases it is not always easy or possible to attribute to the landlord the intention to lease out his property afresh to the tenant even after he had ..... the compromise decree in this case was passed in civil suit no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)ALLMR26; 2006(3)BomCR497; 2006(5)MhLj759
..... agreed with the findings recorded by the inquiry officer and recommended that in view of the gravity of the charges held to be proved, a major penalty of dismissal from service as prescribed by clause ix of sub-rule (1) of rule 5 of the maharashtra civil services (discipline and appeal) rules 1979 was recommended to his excellency the governor of maharashtra and accordingly the impugned order of dismissal dated 25/5/1995 came to be issued by the governor. ..... the petitioner was issued a charge-sheet on 16/12/1992 and he submitted his explanation thereto on 20/1/1993 while he was occupying the post of civil judge, junior division and judicial magistrate, first class at patoda, district beed and he denied the charges. ..... the petitioner, who joined the judicial service in the state of maharashtra on 13/7/1988 as civil judge, junior division and judicial magistrate, first class, has challenged in this petition filed under article 226 of the constitution the order of dismissal dated 25/5/1995 passed by and in the name of the governor of maharashtra. 2. ..... the charges pertained to the period while the petitioner was posted as civil judge, junior division and judicial magistrate, first class at ulhasnagar, district thane. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(4)ALLMR330; 2005(1)BomCR427
..... or order;(b) elsewhere, from a decree or order made by judge of the court of small causes established under the provincial small cause courts act, 1887, court of the civil judge deemed to be a court of small causes under clause (c) of sub-section (2) of section 28 or by a civil judge exercising such jurisdiction, to the district court:provided that no such appeal shall lie from --(i) a decree or order made in any suit or proceeding in respect of which ..... no appeal lies under the code of civil procedure, 1908;(ii) a decree or order made in any suit or proceeding (other than a suit or proceeding relating to possession) in which the plaintiff seeks to recover rent (or licence fee or charge for a licence in ..... small causes as established under the provincial small causes 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, if there is no such civil judge the court of the civil judge (senior division) having ordinary jurisdiction,shall have jurisdiction to entertain and try and suit or proceeding between a landlord and ..... reports 772 , considered whether an order made under order ix rule 13 of the code of civil procedure to set-aside an ex-parte decree is appealable under section 29 of the bombay rent .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(4)BomCR509; 2006(5)MhLj470
..... the matter was carried in revision application by the university and by the order dated 18-10-2002, the respondent was permitted to withdraw the civil suit with liberty to prosecute the appeal already filed by him before the university tribunal. ..... matter before the university tribunal was against the order dated 3-9-2002 as the said order came to be issued by the appellant terminating the services of the respondent pursuant to the ad-interim relief granted by this court in civil revision application which was filed by the appellant against the order of the civil court on the point of jurisdiction of the civil court to deal with the matter. ..... the appellant-university challenged the jurisdiction of the civil court by filing an application under section 9-a of the code of civil procedure on 1-8-2002. ..... consequent to the said amendment, apprehending termination of his services by the appellant, a suit came to be filed by the respondent in the civil court at pune on 31-7-2002. ..... initially, the civil court directed the maintenance of status quo in respect of the respondent's continuation in the said post. ..... consequently the civil application no. ..... before going to the merits of the case, it is necessary to deal with the preliminary objection sought to be raised on behalf of the respondent by filing civil application no. ..... the civil court held that it had jurisdiction to entertain and try the suit by its order dated 7-8-2002. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR139; 2006(5)MhLj639
..... as under:additional protection to judges :- (1) notwithstanding anything contained in any other law for the time being in force and subject to the provisions of sub-section (2), no court shall entertain or continue any civil or criminal proceeding against any person who is or was a judge for any act, thing or word committed, done or spoken by him when, or in the course of acting or purporting to act in ..... court or other person, bound to execute the lawful warrants or orders of any such judge, magistrate, justice of the peace, collector or other person acting judicially shall be liable to be sued in any civil court, for the execution of any warrant or order, which he would be bound to execute, if within the jurisdiction of the person issuing the same.section 3 of the judges (protection) act, ..... official acts done in good faith and of officers executing warrants and order:- no judge, magistrate, justice of peace, collector or other person acting judicially shall be liable to be sued in any civil court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction: provided that he at the time in ..... insofar as section 3 of the 1985 act, which provides additional protection to judges clearly stipulates that no court shall entertain or continue any civil or criminal proceedings against any person who is or was a judge for any act, thing or word committed, done or spoken by him when, or in the course of, .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)BomCR161
..... in para 3 of the reply filed before the trial court the appellants have taken a specific plea that the civil court does not have jurisdiction to decide the issue involved in the subject suit as it pertains to matters which are solely within the jurisdiction of the charity commissioner; and the court, ..... the former notice of motion, inter alia, the stand is that the matters in issue in the subject suit were exclusively triable by the charity commissioner; and, therefore, the jurisdiction of the city civil court was barred by the provisions of section 80 of the bombay public trusts act, 1950. ..... 3 have committed contempt of court and liable to be punished under order 39, rule 2(a) of the civil procedure code, 1908, and under the contempt of court act for a period of six months and/or their property is liable to be attached and sold for the payment of compensation which may be awarded ..... it is further contended that in any case the decree passed by the city civil court, was on the basis of consent terms and such a decree being a consent decree the only appropriate remedy for shri marathe, if any, was to get it executed ..... if this be so, then, the next question that emerges is whether the civil court will have jurisdiction to examine the controversy raised before it, by reason of bar under section 80 of the ..... however, undisputedly, that suit was eventually disposed of by the city civil court on april 6, 1994, on the basis of compromise arrived at between the plaintiffs therein (appellants .....
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