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Musa Miya Saheb a Minor Vs. Sayad Gulam HuseIn Mahamad - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1883)ILR7Bom100
AppellantMusa Miya Saheb a Minor
RespondentSayad Gulam HuseIn Mahamad
Excerpt:
jurisdiction - suit cognisable by a small cause court--act x of 1876, section 15--second appeal--civil procedure code (act x of 1877), section 586. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against the post reserved for member of schedule tribe his caste certificate was invalidated subsequently held, his appointment would not be protected. the observations/directions issued by supreme court in para 36 of judgment in the case of state v millind reported in 2001 91) mah. lj sc 1 is not.....charles sargent, kt., c.j.1. we think that no second appeal lies in this case. act x of 1876, section 15, removes suits, in which the collector is a party, from the jurisdiction of the small cause court, but the nature of the suit, by which must be understood the jural relations between the parties, remains unaltered, and as the present suit is one of the nature cognizable by a small cause court, no second appeal lies, as provided by section 586, act x of 1877. appeal dismissed with costs.
Judgment:

Charles Sargent, Kt., C.J.

1. We think that no second appeal lies in this case. Act X of 1876, Section 15, removes suits, in which the Collector is a party, from the jurisdiction of the Small Cause Court, but the nature of the suit, by which must be understood the jural relations between the parties, remains unaltered, and as the present suit is one of the nature cognizable by a Small Cause Court, no second appeal lies, as provided by Section 586, Act X of 1877. Appeal dismissed with costs.


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