Skip to content


Judgment Search Results Home  Phrase:code of civil procedure 1908 section 115  Page:9

Jun 20 2002

Premkumar S/o Papalal Joshi Vs. Jagir Ahmed S/o Ali Raza Khan

  • Decided on : 20-Jun-2002

Court : Mumbai

Reported in : (2002)104BOMLR487

... warrant the exercise of the revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908. The conditions stipulated in the proviso to Section 115 are also established and the order of the Appellate Court, if allowed to stand, would result in a failure of justice and will cause irreparable injury to the applicant.19. In the circumstances, the Civil Revision Application is allowed. The impugned order of ... contract of tenancy.13. In the subsequent judgment of the Supreme Court in Bhawanji Lakhamshi v. Himatlal Jamnadas : [1972]2SCR890 , Mr. Justice K. K. Mathew held that the basis of Section 116 of the Transfer of Property Act, 1882, is a bilateral contract between the erstwhile landlord and erstwhile tenant. If the tenant has a statutory right to remain in possession ... of the earlier notice. Besides, there is absolutely no factual foundation in the proceedings below for coming to the conclusion that there was any such waiver within the meaning of Section 116 of the Transfer of Property Act, 1882 or the establishment of a fresh contractual tenancy, which was sought to be terminated by the notice dated 21st February, 1990. Until ... to continue the status of the respondent as a tenant until the issuance of the aforesaid notice. Reliance was placed on judgments of the Supreme Court to submit that under section 113 of the Transfer of Property Act, 1882 the acceptance of rent from a statutory tenant has been held as not constituting an intention to create a fresh tenancy. In ...

Feb 09 1944

Vinayak Pandurangrao Vs. Sheshadasacharya Ramacharya

  • Decided on : 09-Feb-1944

Court : Mumbai

Reported in : AIR1945Bom60; (1944)46BOMLR711

... Section 115 of the Code of Civil Procedure. In Phomon Singh v. A. J. Wells I.L.R. (1923) Ran. 276 it was held that the provision in Order XXI, Rule 63, that the order made by the Court where a claim or objection is preferred under Rules 58, 59, 60 and 61 of the Code of Civil Procedure ... revisional jurisdiction of the High Court under Section 115 of the Code of Civil Procedure. In Ashraf v. SaithMal (1938) All.110 it was held that the provisions in Section 45(5) of the U. P. Encumbered Estates' Act that the decision on an appeal under that section shall be ' final', meant only that ... Section 45(5) of the U. P. Encumbered Estates' Act that the decision on an appeal under that section shall be ' final', meant only that the decision was not subject to any further appeal, but that it did not mean that the power of the High Court to interfere in revision under Section 115 of the Code of Civil Procedure ... Section 115 of the Code of Civil Procedure would lie against an order made by a Court under Section 6C of the Mussalman Wakf Act in spite of the provision in s.'6F of the Act that the entries made by the Court in the Register of Wakfs and the findings recorded under s.60 shall, subject to the provisions of Section ... to interfere in revision under Section 115 of the Code of Civil Procedure vfe shut out. In the course of the judgment reference was made to a decision of the Rangoon High Court in Md. Ebrahim Moolla v. Jandass A.I.R. (1923) Ran. 94 that the provision in Section 18 of the Rangoon ...

Feb 22 1945

Keshav Ramchandra Vs. Municipal Borough, Jalgaon

  • Decided on : 22-Feb-1945

Court : Mumbai

Reported in : AIR1946Bom64; (1945)47BOMLR851

... , where Mr. Justice Murphy and Mr. Justice Nanavati held that a Judge acting under Section 15 of the Bombay Municipal Boroughs Act, 1925, is not a Court but a persona designata, and the High Court has therefore no jurisdiction to revise his order under Section 115 of the Civil Procedure Code. Once that principle is accepted, it makes no difference what the nature of the order ... , 1925, for the purpose of deciding election disputes. I fail to see how if the learned Judge is a persona designate the High Court can exercise any revisional powers. Section 115 of the Civil Procedure Code in terms refers only to Courts subordinate to the High Court in respect of which revisional powers of the High Court can be exercised. Mr. Dixit says that the ... the exercise of his jurisdiction. The applicant may have other remedies to get his wrongs redressed. But as far as the High Court's revisional powers are concerned under Section 115 of the Code, as I have already observed, they can only be exercised against a Court subordinate to the High Court.3. My attention has been drawn to a judgment of Mr ... Chagla, J.1. The petitioner is a defeated candidate at an election held on April 26, 1943, for the Municipal Borough, Jalgaon. On May 7, 1943, he applied under Section 15 of the Bombay Municipal Boroughs Act, 1925, questioning the validity of the election on several grounds and praying that the election might be set aside. The learned Assistant Judge, ...

Jan 14 1949

N.S. Venkatagiri Ayyangar Vs. The Hindu Religious Endowments Board

  • Decided on : 14-Jan-1949

Court : Mumbai

Reported in : (1949)51BOMLR952

... Ayyar in a concurring judgment expressed the view that the High Court was justified in interfering in revision under Sub-section (c) of Section 115 of the Code of Civil Procedure.16. Section 115 of the Code of Civil Procedure is in the following terms:-The High Court may call for the record of any case which has been decided ... v. Sheo Buksh Singh (1884) L.R. 11 IndAp 237 the Privy Council made the following observation upon Section 622 of the former Code of Civil Procedure which was replaced by Section 115 of the Code of 1008 (p. 289):The question then is did the Judges of the lower Courts in this case, in the ... order passed by the learned District Judge on the said petition an application for revision was presented to the High Court at Madras under Section 115 of the Code of Civil Procedure, and there was also an appeal to the said Court from the decree passed in the suit.15. On November 6, 1944, ... edition of Chitaley and Rao on the Code of Civil Procedure, Vol. I, p. 1105. In Mohunt v. Khctter Moni Dassi (1896) 1 C.W.N. 617 the High Court of Calcutta expressed the opinion that Sub-section (c) of Section 1.15 of the Code of Civil Procedure was 'intended to authorise the High Courts ... of subordinate Courts could be measured. Section 115 applies only to cases in which no appeal lies, and, where the Legislature has provided no right of appeal, the manifest intention is that the order of the trial Court, right or wrong, shall be final. The section empowers the High Court to satisfy ...

Mar 17 1949

Joy Chand Lal Babu Vs. Kamalaksha Chaudhury

  • Decided on : 17-Mar-1949

Court : Mumbai

Reported in : (1949)51BOMLR964

... Section 109(a) of the Civil Procedure Code, 100S. Section 109(e) of the Civil Procedure Code, 1008, is wide enough to cover an appeal from; an order made in revision.Although error in a decision of a subordinate Court does not by itself involve that the subordinate Court has acted illegally or with material irregularity so as to justify interference in revision under Section 115(c) of the Civil Procedure Code, 1908 ... interference in revision under Section 115(c) of the Civil Procedure Code, 1908, nevertheless if the erroneous decision results in the subordinate Court exercising a jurisdiction not vested in it by law, of failing to exercise a jurisdiction so vested, a ease for revision arises under Sub-section (b) or Sub-section. (6) of Section 115 of the Code, and Sub-section (c) of the section can be ... taken by the appellant is that the High Court had no power to interfere in revision under Section 115 of the Code of Civil Procedure with the order of the Subordinate Judge; an objection which was not taken before the High Court. Section 115 of the Code of Civil Procedure is in these terms :-The High Court may call for the record of any case ... was granted by the High Court under Section 109(a) of the Code of Civil Procedure and that that sub-section only relates to appeals from decrees or final' Orders passed on appeal. The respondents contend that the sub-section does not apply to orders passed in revision, and they point out that under Section 115 a power of revision only arises ...

May 13 1919

Mrs. Annie Besant Vs. The Advocate General of Madras

  • Decided on : 13-May-1919

Court : Mumbai

Reported in : (1919)21BOMLR867

... by the two codes of procedure? No doubt these codes provide for most cases a much more convenient remedy. But their Lordships are not disposed to think that the provisions of Section 435 of the Criminal Procedure Code and Section 115 of the Civil Procedure Code of 1908 are exhaustive. Their Lordships can imagine cases, though rare ones, which may not fall under either of these sections. For such ... demand partly upon the Code of Criminal Procedure and partly upon the supposed common law power to grant a writ of certiorari. She did not rely upon the power of revision given by the Code of Civil Procedure.32. It is not easy to gee how these proceedings could be deemed criminal proceedings within the Code of Criminal Procedure, They are not ... Code of Civil Procedure.32. It is not easy to gee how these proceedings could be deemed criminal proceedings within the Code of Criminal Procedure, They are not proceedings against the appellant as charged with an offence. They are at the utmost proceedings which rendered the appellant if she should thereafter commit a criminal or forbidden act, open to a particular form of procedure ... , however, obvious that the procedure under Section 17 was not available for questioning any act of the Magistrate, the appellant the next day presented what is called a Criminal Revision Petition under Sections 106 and 107 of the Government of India Act (5 & 6 Geo. V. c. 61) and Section 435 of the Code of Criminal Procedure. This application, also described ...

Mar 17 1939

Muljee Sicka and Co. Vs. The Municipal Commissioner of Bombay

  • Decided on : 17-Mar-1939

Court : Mumbai

Reported in : AIR1939Bom471; (1939)41BOMLR984

... a persona designate, as the wording of Section 217 of the City of Bombay Municipal Act, 1888, shows. It has been so held in Ahmed Suleman v. Municipal Commissioner, Bombay I.L.R. (1929) 54 Bom. 224 and the High Court is held to have no jurisdiction to interfere with his decision under Section 115 of the Civil Procedure Code, 1908.7. In England also, originally no ... it was practically conceded that as the Chief Judge was acting as a persona designata, and not as a Court in hearing the appeal, an application for revision under Section 115 of the: Civil Procedure Code, 1908, was not competent.4. The first question that arises is Whether this Court has power to issue a writ of certiorrari. No instances of any such writ having ever ... of a subordinate Court may not be subject to revision under Section 115 of the Civil Procedure Code, it can be revised in the exercise of the powers of superintendence conferred by Section 107 of the Government of India Act of 1915, can now hold good. All this discussion is more or less academical, since Section 224 of the Government of India Act of 1935 deals with ... that the provisions of Sub-section (2) of Section 154 of the City of Bombay Municipal Act, 1888, have been misinterpreted. Mr. Thakor, the learned Counsel for the petitioners, did not seriously press the first objection as an adequate ground for the issue of a writ of certiorari. Even in an application for revision under Section 115 of the Civil Procedure Code, an erroneous decision on the ...

Aug 31 1931

Senaji Kapurchand Vs. Pannaji Devichand

  • Decided on : 31-Aug-1931

Court : Mumbai

Reported in : AIR1932Bom81; (1931)33BOMLR1596

... and it was held that the finding on an issue is not covered by Section 115. So also in Isa Adam v. Bai Mariam (1926) 29 Bom. L.R. 564 it was held that the High Court will not interfere, under Section 115, Civil Procedure Code, with an interlocutory order made by the lower Court during the pendency ... held that a wrong decision on a question of res judicata is not a subject for the interference of the High Court under Section 622, that is, Section 115 now of the Code of Civil Procedure. It was pointed out that even if a decision on the question of res judicata was wrong, it could not be ... was accordingly ordered to proceed on the merits. Against this finding, which of course involves the further progress of the suit, a revisional application under Section 115 of the Civil Procedure Code has been presented to this Court by the defendant.3. A preliminary objection is taken by the learned counsel on behalf of the plaintiff- ... was not a failure, or a cause of failure, to exercise jurisdiction, and did not warrant the interference of the High Court under Section 622 of the Civil Procedure Code.5. It is further argued that the finding on the issue is a case decided, against which revision lies. There is a very large ... in support of the view that a finding on an interlocutory matter followed by an order is not a case decided within the meaning of Section 115 and that the High Court will not interfere in a case where the party aggrieved has another remedy open to him by way of appeal. In ...

Sep 14 1937

The Surat Borough Municipality Vs. Hamiduddin Nasiruddin Sayed

  • Decided on : 14-Sep-1937

Court : Mumbai

Reported in : AIR1938Bom301; (1938)40BOMLR387

... civil side only from a Court subordinate to a High Court and it is argued by Mr. Desai that the Courts which are subordinate to the High Court are enumerated in Section 3 of the Civil Procedure Code. It has however been held in Purshottatn v. Mahadu : (1912)14BOMLR947 that Section 3 of the Civil Procedure Code is ... Section 3 of the Civil Procedure Code is not exhaustive. That case arose out of an application to revise a decision made in revision by the Collector under the Mamlatdar's Courts Act. It was held that as the Collector by the Act is declared1 to be a Court, he was acting judicially, and as he was dealing with a civil ... Committee should have acted under Section 82 and heard any objection which might be brought by the assessees under that section. I would add that Mr. Desai for the appellants denies strenuously that there has been any arithmetical mistake at all. The Municipality not having adopted such procedure, I do not think ... be revised being one made under Section 111 of the Act, The Court, after referring to the earlier decision, again remarked that the matter related to a civil liability and held that it had no jurisdiction. The ratiodecided appears to be that as the matter was a civil one, the Sessions Court ... to be a Court, he was acting judicially, and as he was dealing with a civil matter, the application to the High Court did lie. That decision is, I think, much in point here. Section 111 shows that the revisional power is exercised by a Court and not by a ...

Jul 04 1958

Rawalpindi Theatres Private Ltd. Vs. Film Group

  • Decided on : 04-Jul-1958

Court : Mumbai

Reported in : (1958)60BOMLR1373

... by the Supreme Court. Mr. Malhotra has come in revision under Section 115 of the Civil Procedure Code and the jurisdiction of the High Court under Section 115, it need hardly be emphasised, is a very limited jurisdiction. I am conscious of the fact that this Court and other High Courts have liberally construed Section 115 and have interfered when they felt that injustice was being done ... material irregularity contemplated by this clause is a procedural illegality or material irregularity. It is not an error of law committed by the lower Court which entitles the High Court to interfere under Section 115. Mr. Malhotra has failed to point out to me any procedural illegality or material irregularity committed by the City Civil Court Judge. The utmost he can say is ... Section 115, and Mr. Malhotra has urged that it falls under Clause (c), viz., the Court has acted in the exercise of its jurisdiction illegally or with material irregularity. I fail to see what illegality or material irregularity there is in the decision of the learned Judge below. The illegality or material irregularity contemplated by this clause is a procedural illegality ... the matter did not strictly fall within the purview of Section 115. But if Section 115 was to be strictly construed, it is only in matters of jurisdiction that this Court can interfere with the order of the City Civil Court. Admittedly, the case does not fall under Clause (a) or (b) of Section 115, and Mr. Malhotra has urged that it falls under Clause ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //