Court : Kerala
Reported in : AIR1958Ker251
..... as noticed earlier, the decisions giving rise to the appeals before us were all passed before the kerala civil courts act, 1957 was enacted, not to speak of the date when it was brought into force. ..... the question that arises for our decision now is whether the venue for appeals against the three decrees appealed against should be determined with reference to the provisions of the kerala civil courts act, 1957 or with respect to the corresponding provisions in the travancore-cochin and the madras civil courts acts. ..... the question has arisen on account of the provision in section 13 of the kerala civil courts act, 1957 (president's act no. ..... the kerala civil courts act was enacted by the president on 10-1-1957, and a kerala gazette, extra-ordinary, dated 12-1-1957 published it.under section 1 (3) thereof the act was to come into force on such date as the government may by notification in the gazette, appoint and by a gazette extra-ordinary published on 7-2-1957 the government of kerala appointed 15th day of february, 1957 as the date on which the act shall come into force. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker30
..... be in a suit, did not alter the position.there is the further difficulty that a subordinate judge appointed to perform the functions of the court under section 3(d) of the central act or under section 3 (c-2) of the travancore act (as amended by the kerala civil courts act, 1957) does not decide land acquisition cases as a subordinate judge's court or as a subordinate judge so as to attract the provisions of sections 12 and 13 of the kerala civil courts act, or, in madras, section 13 of the madras civil courts act. ..... to the conclusion that, having regard to the provisions of sections 12 and 13 of the kerala civil courts act, 1957 (which were not considered in 1965 ker lt 616), irrespective of the value, irrespective of whether the decision is on a reference under section 18 or one under section 30 of the central act (sections 18 and 27 respectively of the travancore act, and sections 20 and 32 of the kerala act) and irrespective of whether the dispute relates to the amount of the compensation, or to ..... in the first schedule to the code, and it follows that, though the proceeding is a proceeding of a civil nature, it is not a suit in the sense in which that word is used in section 13 of the kerala civil courts act therefore, appeals from the decrees or orders of a subordinate judge's court in such proceedings lie to the high court under section 12 of the kerala civil courts act irrespective of the value of the subject-matter; and, in no circumstances, can section 13 apply so as to .....
Tag this Judgment!Court : Kerala
Reported in : AIR1995Ker4
..... attention is drawn to sections 3and 4 of the kerala civil courts act, 1957. ..... if the intention of the legislature in directing appointment of a district judge to a district and more than one subordinate judges to a subordinate judge's court or more than one munsiff to a munsiffs court is taken note of the additional district judge will not be a district judge coming under section 3(2) of the civil courts act and is not empowered to discharge the functions of a district judge who alone has been constituted the appellate authority under the notification, argues counsel. ..... it was after a careful analysis of the various provisions of the civil courts act and those decisions on the subject this court held that additional district judges have also got authority underthe notification to function as the appellate authority by virtue of the notification. ..... it is therefore contended that district judge appointed under sub-section 3(2) of the civil courts act is the principal district judge of the district and not the additional district judges. ..... the learned counsel for revision petitioner seeks reconsideration of the matter on the ground that some of the relevant provisions of the civil courts act had not been considered by the division bench in (1992) 1 ker lt 190. ..... counsel argues that section 5 of the civil courts act envisages establishment of such number of subordinate judges courts and munsiffs courts as necessarily in each district. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2360; 2007(1)ALD25(SC); 2006(3)AWC2660(SC); I(2006)DMC803SC; 2006(3)KLT84(SC); 2006(6)SCALE194; (2006)6SCC162
..... the state of kerala, establishment of courts is governed by the kerala civil courts act, 1957. ..... section 2 of the 1957 act provides that in addition to the courts' establishments under any other law for the time being in force, there shall be classes of civil courts in the state as specified ..... of the provisions of the family courts act, 1984 (for short 'the act') in the matter of shifting of a family court from one place to another, is involved in this appeal which arises out of judgment and order dated 8.4.2005 passed by the high court of kerala.3. ..... the family courts being courts within the meaning of article 235 of the constitution of india as also the 1957 act would be under the supervisory jurisdiction of the high court and they cannot be treated to be a class by themselves although their working and functions to some extent are circumscribed by the provisions of the act and the rules ..... administration of justice, constitution and organization of courts although now is in the concurrent list, but only because the act is a federal legislation, in absence of a clear provision overriding the provisions of the 1957 act, the machinery provisions contained therein would remain ..... the 1987 act deals with pecuniary jurisdiction of the courts as envisaged in the code of civil procedure and as such the state legislature was competent to legislate under entry 13 of list iii for enacting the 1987 act.in view of the aforementioned authoritative pronouncements, we cannot accept the submission of .....
Tag this Judgment!Court : Kerala
Reported in : AIR1968Ker240
..... section 6 of the kerala civil courts act, 1957, provides that when more than one subordinate judge is appointed to a subordinate judge's court, one of the subordinate judges shall be appointed tht principal subordinate judge and the others additional subordinate judges. ..... subordinate courts are established and subordinate judges are appointed under the kerala civil courts act, 1957. ..... in the case, of the principal subordinate judge multiplicity is impossible; and we think we should hold that the expression 'the subordinate judge' in section 102 of the kerala land reforms act, 1963, means the subordinate judge when there is only one judge attached to a subordinate judge's court and the principal subordinate judge when there are more than one judge attached to such a court.12. ..... sub-section (1) of section 6 of that act provides that the government may, in consultation with the high court, establish in each district such number of subordinate judge's courts as they deem necessary. ..... palghat, under section 31 of the kerala land reforms act, 1963 the fixation was in pursuance of his application. o. a. no. ..... the supreme court said:'it was argued that under section 13(2) of the general clauses act, 1897, words in the singular should be read as including the plural and that, therefore, the definition of previous year' in section 2(11) of the indian income-tax act. .....
Tag this Judgment!Court : Kerala
Reported in : 2005(2)KLT724
..... the most patent incongruity which was not brought to the notice of the court below is the provision in section 13(1) of the kerala civil courts act, 1957 which provided since its inception that appeals from decrees and orders of the munsiff s court would lie only to the district court. ..... as per section 13(1) of the kerala civil courts act, 1957, at the time the appellate jurisdiction from original decrees was up to ..... 2003 of the district court directing the return of the appeal for filing before the high court is liable to be quashed as the kerala civil courts act does not envisage a situation of appeals from the decrees of the court of munsiff lying straight to the high court.11. ..... (3) objection as to the pecuniary jurisdiction can be waived by the party and is capable of being cured by acquiescence; and (4) the civil courts act, 1957 never ever conceived filing of appeals to the high court right away and directly from the orders of the munsiff, vide section 13(1) of the civil courts act.7. ..... the legal position as comprised in section 13(1) of the civil courts act is really unequivocal and the stance of the district judge ..... venkitakrishnan, senior counsel appearing for the writ petitioners in his bid to expose the alleged fragility in the reasoning of the court below has set up the following contentions: (1) so far as the reliefs of recovery of possession and declaration are concerned, the suit should be deemed to be filed on the date of the application for amendment was made and not .....
Tag this Judgment!Court : Kerala
Reported in : 2009(3)KLJ26
..... but, by virtue of section 13 of the kerala civil courts act, 1957 such appeals are to be filed not before the high court, but before the district court or before the sub court (where the sub court concerned is not located in a district centre and has filing powers) see viswanbharan v. ..... eventhough by virtue of section 19 of the kerala civil courts act, 1957, the vacation judge cannot pass any final order in a case of this nature and his order can only be a provisional order, his order must notionally be considered as an order passed by the munsiff and such order is ..... having regard to the facts and circumstances of the case, i do not think that this appeal which is not maintainable should any more be kept pending before this court hence the order issuing notice to the respondent is recalled.2. ..... thereafter, he can file a counter to the application for interim injunction, now pending before the munsiffs court, payyannur and seek an early hearing of the matter. ..... that suit was to be instituted before the munsiffs court, payyannur which at the relevant time was on vacation ..... in case the munsiff's court, payyannur is moved by the appellants, that court shall take into account the proviso to order xxxix rule 4 c.p.c ..... eventhough this court admitted this appeal and had issued notice to the respondent, so far service of notice to the respondent is not complete ..... another alternative available to the appellants is to get the appeal withdrawn with liberty to prosecute the matter before the trial court. .....
Tag this Judgment!Court : Kerala
Reported in : AIR2007Ker174
..... section 13 of the kerala civil courts act, 1957, as amended by the kerala civil courts (amendment) act, 1996, provides thus:appeals from the decree and order of a munsiff's court and where the amount, or value of the subject-matter of the suit does not exceed two lakhs rupees from the original decree and orders of a subordinate judge's court shall, when such appeals are allowed by law, lie to the district court. ..... such a situation is not contemplated under the kerala civil court act. ..... jurisdiction of the appellate court is decided on the basis of section 13 of the civil courts act and not on the basis of section 52 of the court-fees act. ..... two lakhs, an appeal would lie before the district court, if the valuation for the purpose of jurisdiction as provided under section 13 of the civil court act is below rs. ..... in this context it would be profitable to refer to the relevant portions of sections 52 and 53 of the kerala court-fees and suits valuation act (hereinafter referred to as 'court-fees act').52. ..... if the valuation for the purpose of court-fee is taken as the valuation for the purpose of jurisdiction in cases where specific provision is made in the court-fees act for valuation of a suit, anomalous situations may ..... (2) in a suit where fee is payable under this act at a fixed rate, the value for the purpose of determining the jurisdiction of courts shall be the market value or where it is not possible to estimate it at a money value such amount as the plaintiff shall state in the plaint .....
Tag this Judgment!Court : Kerala
Reported in : 2003(3)KLT433
..... kerala civil courts act, 1957 is enacted to consolidate and amend the law relating to civil courts in the state of kerala. ..... 25,000/-by the kerala civil courts (amendment) act, 1984 with effect from ..... by the kerala civil courts (amendment) act 6 of 1996 the limit was further raised to ..... was aware of the legal position laid down by this court when the same device was adopted by it in the year 1984, no intention could now be attributed to the legislature that it was intended by the amendment of section 13(1) of the civil courts act to interfere with the accrued right of the litigants to appeal to this court'.it may be noted that appeals from decrees of subordinate court in suit instituted prior to 27.3.1996 would continue to lie in this court, if they were maintainable in this ..... that since suit giving rise to the appeal was filed before the coming into force of act 6 of 1996, going by sections 12 and 13 of the civil courts act as they stood at that time, appeal lies before this court. ..... submitted that the appeal is perfectly maintainable since the suit was instituted before the sub court, thrissur before the coming into force of the civil courts (amendment) act, 1996 with effect from 27.3.1996. ..... filing of the pauper application?ii) in case it relates back to the filing of the pauper application, whether defendant in a suit would also be governed by the situation which prevailed in the matter of filing of the appeal before this court prior to the civil courts (amendment) act 6 of 1996.5. .....
Tag this Judgment!Court : Kerala
Reported in : 2008(1)KLJ400
..... thereafter, by its establishment under section 5 of the kerala civil courts act, 1957, 'c.c. ..... secondly, while issuing a notification under sub-section (2) of section 88, in consultation with the high court, the entertainment of election petitions can be confined, for administrative efficacy and convenience, to one among the different appropriate courts having co-extensive territorial jurisdiction, like where there are more than one munsiffs or district judges, as the case may be, exercising powers, as enjoined in terms of the kerala civil courts act. ..... this writ petition under article 227 of the constitution of india raises the question as to whether the competence of a court of exclusive territorial jurisdiction to try an election petition under the kerala panchayat raj act, 1994 - 'act', for short - depends upon it being notified under section 88(2) of that act.the brief undisputed facts: poothady grama panchayat is a village panchayat constituted under the act. ..... the first respondent's contention is that unless the munsiff's court, sulthan bathery is notified, as an appropriate court, under section 88(2) of the act, it does not gain jurisdiction and that until then, the munsiff's court, kalpetta would continue to have jurisdiction, in view of sro no. .....
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