Judgment Search Results Home > Cases Phrase: kerala civil courts act 1957 1 Court: mumbai Page 1 of about 8,538 results (0.108 seconds)

Sangli Miraj Kupwad Cities Municipal Corporation and Another Vs. Kisan ...

Court : Mumbai

..... but the exclusion of the jurisdiction of the civil court to entertain a suit does not exclude the jurisdiction of the high court to issue high prerogative writs against illegal exercise of authority by administrative or quasi judicial tribunals. ..... in the case of in re the kerala education bill 1957, the constitution bench of the apex court dealt with the scope of jurisdiction under article 226 of the constitution of india. ..... he also relies on the definition of indian law in s.3(29) of the general clauses act and submits that the work law in cl.33 must mean a law of the same kind as the civil procedure code of 1908, that is to say, a law made by an appropriate legislature in exercise of its legislative function and cannot refer to the constitution. ..... courts not to grant injunction notwithstanding anything contained in the code of civil procedure, 1908, or in any other law for the time being in force, no court shall grant any temporary injunction or make any interim order restraining any proceedings which is being or about to be taken under this act. 23. ..... that clause, which has hereinbefore been set out in full, provides that notwithstanding anything contained in the code of civil procedure, 1908, or any other law for the time being in force no court shall grant any temporary injunction or make any interim order restraining any proceeding which is being or about to be taken under the provisions of the bill when it becomes an act. .....

The Pigment Lakes and Chemical Manufacturing Co. Private Ltd. Vs. Sita ...

Court : Mumbai

Reported in : (1969)71BOMLR452; 1969MhLJ710

..... 896) :.it cannot be seriously disputed that the jurisdiction of the civil courts to deal with causes can be excluded by the legislature by special acts which deal with special subject-matters; but the exclusion of the jurisdiction of the civil courts must be made by a statutory provision which expressly provides for it, or which necessarily and ..... a suit claiming reliefs falling within the scope of chapter va of the act, but not involving an industrial dispute as denned by section 2(k) of the act, can be entertained by a civil court or not must depend upon the nature of the allegations and the reliefs ..... while conferring on the employees in industry special rights under the act thought it proper and necessary to provide a special mode for enforcement of these special rights by constituting special courts or tribunals, it would be a legitimate inference that the jurisdiction of a civil court to grant relief in respect of these special rights is impliedly ..... enforce the terms of the contract of employment, nor is there a claim for damages for the breach of that contract, thus none of the reliefs claimed in the plaint is such as can be granted by a civil court under the specific relief act, hence civil court has no jurisdiction to entertain the present suit.6. ..... (1957)iillj1sc , sought to distinguish the bombay case relied upon by the trial court and came to the conclusion that the only forum which had jurisdiction to entertain the plaintiff's suit was civil court ..... made to state of kerala v. .....

J.L. Morrison India Ltd., a Company Incorporated Under the Companies A ...

Court : Mumbai

Reported in : 2007(6)ALLMR358; 2007(5)BomCR654; (2007)109BOMLR1731; [2007(115)FLR761]; (2008)ILLJ775Bom; 2007(6)MhLj393

..... . in mukri gopalan's case (supra), it was held that the appellate authority under the kerala rent control act need not be a full-fledged civil court constituted under the civil procedure code in order to be entitled to condone the delay under section 5 of the limitation act ..... . once we hold that the provision of section 5 considering the scheme and the statutory provisions in the said act would not apply to the appellate proceedings under the said act, question of considering whether the appellate authority under the said act is a civil court or even a court for the purpose of applicability of the provision of the limitation act does not arise at all.32 ..... . shamrao's case (supra), it was held that considering the scheme of the bombay public trust act, 1950, the charity commissioner thereunder has almost all the powers of an ordinary civil court to decide the matters with definitive judgment with finality attached thereto and, therefore, is a court for the purpose of contempt of courts act, 1971 ..... . shops and establishment act, 1947 is not a civil court within the meaning of the civil procedure code but it is a court for the purpose of section 14 of the limitation act. in k ..... it is also sought to be contended on behalf of the appellant that the appellate authority under the said act enjoys almost all the powers of the civil court and, therefore, it is a court for the purpose of applicability of the provisions of law comprised under section 29(2) of the limitation act. .....

Mrs. Padma Prafulla Shirke and Shri Prafulla Shankar Shirke Jagdale Vs ...

Court : Mumbai

Reported in : 2003(2)ALLMR884; IV(2004)BC371; 2003(5)BomCR634; 2003(3)MhLj496; [2003]46SCL275(Bom)

..... against them would lie only in proceedings in a suit in a civil court under the provisions of the transfer of property ..... the submission before kerala high court on behalf of the appellant therein was that sections 31 and 32 create a special machinery, procedure, and jurisdiction for realisation of money due only from the industrial concern and that there was no express provision in the act of 1951 whereby co-mortgagors or guarantors (other than the industrial concern which borrowed the money) could be proceeded against under the special jurisdiction of sections 31 and 32 and the remedy ..... varghese, the division bench of kerala high court was dealing with the question whether appellant therein or her properties cannot be proceeded against in proceedings initiated under section 31 of the act of 1951 and no such order could have been passed under section 32 of the act. ..... was cited but the kerala high court expressed its respectful disagreement with a view taken by the full bench of allahabad high court in munna lal gupta and the division bench of orissa high court explained the decision of full bench of allahahad high court. .....

Dilip Bidesh and ors. Vs. Shivgopal Madangopal Chaurasia and ors.

Court : Mumbai

Reported in : 2005(4)ALLMR463; 2005(6)BomCR207; 2005(4)MhLj967

..... fit.26-b-xxxxx xxxxxx26-c: nothwithstanding anything contained in section 16, all suits and the proceedings cognizable by court of small causes under this chapter and pending in district court or the court of any civil judge on the date of coming into force of the provincial small causes courts and presidency small causes courts (maharashtra amendment) act, 1984, shall be continued and disposed of by the district court or the court of civil judge, as the case may be, as if this chapter had not been enacted.in the background, it is also ..... it must, however, be emphasized that we are not dealing in this appeal with the constitutional powers of the high court under article 227 of the constitution nor are we concerned with the powers of the high court regulating appeals under the kerala high court act, 1958. ..... even so we cannot but refer to the fact that in the karnataka act the right of appeal has been completely taken away and the entire proceedings are sought to be limited to a two tier system viz, the rent control court and the revisional court, whereas under the kerala act there is a three tier system viz. ..... it has been pointed out in aundal ammal's case, : [1987]1scr485 (supra) that the full bench of the kerala high court had failed to construe the terms of section 20 read with section 18(5), in their proper perspective and this failing had affected its conclusion. .....

Partur Advocate Bar Association Vs. State of Maharashtra, Through it's ...

Court : Mumbai

..... . if the argument of the petitioner is accepted that the power under the crpc and powers under various provisions of the civil courts act and in particular sections 3, 4, 12, 12a, 15, 19,21,22 22a and 23 has to be exclusively exercised by the state government without consultation of the high court, it will be completely contrary to the spirit of article 235 of the constitution of india and it will be contrary to the principle of separation of powers between the judiciary and executive adopted ..... he pointed out that under section 21 of the civil courts act, which provides that there shall be in each district so many civil courts subordinate to the district court as may be directed by the state government from ..... he urged that neither the provisions of the civil courts act nor the provisions of crpc support the view taken by the high court that the state government cannot establish the courts of adj or cjsd at taluka places without ..... learned counsel appearing for the petitioner invited our attention to the provisions of the civil courts act as well as the code of criminal procedure, 1973 (for short the crpc ..... be the only harmonious interpretation put to the relevant provisions of the civil courts act and crpc to make it consistent with the provisions of the ..... he urged that the state government under section 3 of the civil courts act has a power to create judicial district, to alter the limits of a judicial district and to ..... state of kerala (2006(6) scc 162)and the principles .....

Nandlal Hiralal Gupta Vs. Narayan Dillidas Sahu

Court : Mumbai

Reported in : (1989)91BOMLR202

..... a civil judge, senior division is empowered under section 28 of he bombay civil courts act to try the suits of small cause nature, the valuation whereof does not exceed a particular limit. ..... other judges of the junior division are also conferred with the powers tinder section 28 of the bombay civil courts act. ..... tikaram : air1970mp237 the full bench of the madhya pradesh high court in paragraph 102 of the judgment has taken the view that irrespective of the provisions of section 16 of the provincial small cause courts act, the judgment and decree passed by the regular court in the suit of small cause nature is not void and without jurisdiction. ..... state government may by order in writing, direct that all suits of a civil nature of which the value does not exceed five thousand rupees shall be cognizable by a court of small causes mentioned in the order.section 16 of the act reads as follows :save as expressly provided by this act or by any other enactment for the time being in force, a suit cognizable by a court of small causes shall not be tried by any other court having jurisdiction within the local limits of the jurisdiction of the ..... that jurisdiction could not be barred by section 16 of the provincial small cause courts act because no court to take cognizance of that small cause suit was in existence at amravati. ..... what is pertinent to note at this stage is that section 16 of the small causes courts act also is not applicable to such category of cases and suits. .....

Goa Handicrafts, Rural and Small Scale Industries Development Corporat ...

Court : Mumbai

Reported in : II(2006)BC278; 2005CriLJ4072

..... the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may be extended to two years or with fine which may extend to twice the amount of the cheque, or with both:provided that nothing contained in this ..... and the examination-in-chief of the accused and the documents which have been brought on record by the accused that the cheque which was issued was not meant to be acted upon and this was a practice which was followed not only in respect of the cheque in question but had been followed for a long time and each cheque when ..... the said case and after taking into consideration the oral and documentary evidence which was brought on record the madras high court held that though the accused has raised a defence that the cheque was issued as a security for the transaction the court observed that the security must be enforceable in the event of non-compliance of the conditions and that the accused had ..... kerala high court in the facts of the said case observed that the issuance of a cheque to cover a legal liability of another person would still attract that penal provisions under section 138 of the said act ..... the honouring of the cheque for the entire amount by the bank were to result in any excess payments being made, civil remedy to claim return of the amount would be available to the drawer'.26. .....

Digamber Vs. Prakash

Court : Mumbai Aurangabad

..... counsel submits that if the criminal case and civil proceedings are for the same cause, then the judgment of civil court would be relevant if conditions of any of sections 40 to 43 of evidence act are satisfied. ..... learned counsel for the applicant submits that the decision of the civil court is binding on criminal court and in view of the same, the applicant-accused is entitled for ..... proceeding stands suspended by the findings recorded by the civil court and thereby the findings of the civil court get precedence over the criminal proceedings. 6. ..... the respondent complainant when failed to prove before the civil court that the present applicant who is defendant in that suit issued cheque for repayment of loan of rs.1,00,000/- then he cannot 'approbate and reprobate' together in the subsequent ..... the decision rendered in the said civil suit by the civil court has attained finality and therefore, the doctrine of merger squarely applied to the facts and circumstances of the ..... if the criminal case and civil proceedings are for the same cause, the judgment of the civil court would be relevant, if conditions of any of the sections 40 to 43 are satisfied, but it cannot be said that the same would be conclusive except as provided in ..... case (supra) that the finding recorded by the criminal court stands superseded by the finding recorded by the civil court is not correct enunciation of law. ..... of kerala and anr ..... state of kerala and another, reported in air 2000 sc 2587 iii) pooja ravinder devidasani .....

Rabindra A.L. Dias Vs. Eliza D'Silva and Another

Court : Mumbai Goa

..... . sections 74 and 125 of the kerala land reforms act, the statutory scheme was clear that when a question of the status of a person as a tenant arose in any suit or proceeding before a civil court that court shall refer the matter to the land tribunal for a decision on that question only and on receipt of the decision of the tribunal on the question the trial court shall decide the suit or proceeding accepting the decision of the tribunal on the question referred to ..... . the learned appellate court had erred in holding that the issue no.3 involves adjudication whether the defendant no.1 was a mundkar or not and section 8a of the mundkars (protection from eviction ) act and rules and hastily concluded that the civil court had no jurisdiction and the issue arose and was required to be referred to the mamlatdar for adjudication. ..... . the learned appellate court without any rhyme or reason concluded that the issue of mundkarship was the main issue and could not have been decided by the civil court requiring a reference in terms of the section 32 of the mundkar act without assigning any findings for such a hasty ..... the defendant had raised the contention before the trial court that the lease as claimed by him was not a tenancy falling within the ambit of the act, as the lease was created after the promulgation of the act and section 74 of the act prohibits the creation of future tenancy and therefore a reference under section 125(3) of the kerala land reforms act, 1963 was unnecessary .....