Court : Rajasthan
Reported in : RLW2003(1)Raj155; 2003(1)WLN371
..... now, with the evolution of new legislations, become somewhat irrelevant to the administration of justice'.235. the civil courts amins act, 1856 was sought to be repealed because the institutions of amins in civil courts has been long abolished and it is no longer in vogue and therefore, this act had become obsolete, redundant and was no longer required to be on the statute book. for the ..... repeal of bombay high court (letters patent) act, 1866, it was stated that this act was introduced to correct two clerical errors ..... 98 is excluded only if letters patent of high court provide otherwise. in the context of controversy before supreme court with reference to term letters patent used in section 98(3) of cpc the court held that kerala high court wa not a court established under a letters patent but was constituted under state reorganisation act, 1956. it had no letters patent of its ..... own. merely because transitory provision made in state reorganisation act, the letters patent of madras high court did not become 'letters patent' of kerala .....Tag this Judgment!
Court : Chhattisgarh
Reported in : 2008(3)MPHT6(CG)
..... pecuniary jurisdiction.5. smt. renu kochar, learned counsel for the applicant/defendant argued that under section 6 of the m.p. civil courts act, 1958 (henceforth 'the act, 1958'), on the date of institution of suit, i.e., 20-8-1992, the court of civil judge class ii had jurisdiction to hear and determine any suit or original proceeding of a value not exceeding rs. 10 ..... ii, cannot be entertained at this stage. it is also to be noticed that by the amending act 5 of 1994, which was incorporated in section 6 of the m.p. civil courts act, 1958 w.e.f. 16-3-1994, the pecuniary jurisdiction of the court of civil judge class ii was enhanced from rs. 10,000/- to rs. 25,000/-. the written statement was ..... be examined whether the applicant/ defendant had raised the objection as to the pecuniary jurisdiction of the court before the trial judge. under section 6 of the m.p. civil courts act, on the date of institution of the suit, i.e., 20-8-1992, the court of civil judge class ii had jurisdiction to determine any suit or original proceeding of value not exceeding rs ..... of value which exceeded rs. 10,000/-, before filing of the written statement by the applicant/defendant on 31-1-1995, the amendment to section 6 of the m.p. civil courts act had taken place and the court had acquired pecuniary jurisdiction to try the suit, therefore, the suit could not be transferred to any other .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2008(6)ALD657
..... both the parties.6. heard learned counsel appearing for the petitioners and learned counsel appearing for the respondents.7. learned counsel appearing for the petitioners submits that a.p. civil courts act, 1972 is not applicable to agency area and therefore, the district judge is not empowered to entertain the o.p. in respect of the disputes which are required to ..... the sine qua non being the location of the subject-matter of the suit and the jurisdiction of the civil court to deal with such matters. the notification issued by the government is not in conflict with the parent act i.e., a.p. civil courts act, 1972. therefore, it must give way to the substantive statute and so be read in that context. ..... presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge. section 10 of a.p. civil courts act of 1972 was referred in that for each district court a district judge is appointed in the state. principally from article 236 of the constitution of india, it was held district judge includes sessions judge. that inference was ..... defined, therefore, to ascertain the meaning section 3 of the evidence act was referred. in that act 'court' was defined to include judges, magistrates and all those who were authorised to record evidence. the general clauses act of 1897 was referred to held 'district judge' means the judge of the principal civil court of original jurisdiction. article 236 of the constitution of india was .....Tag this Judgment!
Court : Kolkata
Reported in : (1901)ILR28Cal751
..... duties appertaining to the relationship of husband and wife have always been the subject of caste discipline, and, therefore, that with the establishment of a systematic administration of justice, the civil courts would properly and almost necessarily assume to themselves the jurisdiction over conjugal rights as determined by hindu law, and enforce them according to their own modes of procedure.16. this ..... insist upon them.' and later on they observed: 'upon authority, then, as well as principle, their lordships have no doubt that the muhammadan husband may institute a suit in the civil courts of india for a declaration of his right to the possession of his wife, and for a sentence that she return to co-habitation; and that that suit must be ..... general principle underlying such a case was considered, the judicial committee, with reference to the question raised, namely, whether a suit could be brought by a muhammadan husband in the civil courts of india to enforce his marital rights under the muhammadan law by compelling his wife against her will to return to co-habitation with him, observed, among other matters as ..... he has contracted himself out of the rights conferred upon him by the said marriage.10. clause (1) of section 37 of act xii of 1887 provides:11. where in any suit or other proceeding it is necessary for a civil court to decide any question regarding succession, inheritance, marriage or caste or any religous usage or institution, the muhammadan law in cases .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1970All201
..... court and district judges. according to section 21 (1) (a). civil courts act, as it originally stood, the maximum limit of ..... jurisdiction of district judges was rupees 5,000. by the u.p. civil laws ..... (hereafter referred to as the president's act). it will be convenient to trace the history of legislation, which culminated in the passing of the president's act. the bengal. agra and assam civil courts act, 1887 (hereafter referred to as the civil courts act) deals with jurisdiction of civil courts. the civil courts act has been amended from time to time. section 21 of the civil courts act deals with appellate jurisdiction of the high .....Tag this Judgment!
Court : Punjab and Haryana
..... of rehabilitation department in the life time of munshi ram and became final, more particularly, when section 36 of displaced persons (compensation and rehabilitation) act completely bars the jurisdiction of the civil court in such matters?. . this appeal was admitted for regular hearing vide order dated 16.07.1986. during the pendency of this appeal, the defendant ..... order of cancellation till date, be ignored as without jurisdiction?.4. whether the partition proceedings effected after the cancellation of allotment among the co-heirs through the civil court will make the order of partition null and void, when property was declared re-vested in compensation pool and put to public auction and one of co- ..... this document punjab & haryana high court rsa no.1514 of 1986 6 (compensation and rehabilitation) act, 1954, more particularly, when section 36 of displaced persons (compensation and rehabilitation) act bars the jurisdiction of civil court and similarly under section 46 of administration of evacuee property act, 1950, completely bars he jurisdiction of the civil court to question the orders passed and ..... civil court has power to partition the property which was allotted against the verified claim, but the balance price has not been paid and cancelled by the rehabilitation department and no appeal or revision to challenge the said order has been filed nor the said order ever set aside and became final under section 27 of the displaced persons (compensation and rehabilitation) act .....Tag this Judgment!
Court : Chennai
Reported in : (2007)1MLJ611
..... : air2004mad147 [a.r. ponnusamy v. thoppalan @ karuppa gounder] wherein it is stated that the bar under section 46 found in the air (prevention and control of pollution) act 1981 will not operate against the civil court entertaining a suit as the suit is not challenging any order passed by the authorities. however, it must be seen from the said judgment that the suit ..... pollution control board and the authority in respect of the matters which fall under the provisions of the water act, air act and environment act. all the civil courts are directed accordingly. we also further direct that such of the suits which have been entertained by the civil courts in respect of the matters falling under these enactments, shall be taken up within a fortnight from the ..... of any matter which is required to be dealt with by the pollution control board and the appellate authority constituted under the water act, no suit can be entertained by a civil court. similarly no injunction can be granted by any court or authority in respect of any action taken or to be taken in pursuance of any power conferred by or under the ..... catastrophe which may occur, if it is neglected, these enactments have been passed and the jurisdiction of the civil court has been taken away, as otherwise, the very purpose of the act would be defeated, if the board and the authority were to litigate bore the civil courts, which will taken nearly a decade to come to a logical end and after a decade, probably .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1916Bom109; (1917)19BOMLR117
..... 42. it remains now to deal with the two objections based on the revenue jurisdiction act and the pensions act.43. the portion of section 4 of the revenue jurisdiction act relevant to this case provides that no civil court shall exercise jurisdiction as to any claim against government relating to lands granted or held ..... not political tenures to which the succession could be dealt with by the government only, at its discretion, apart from any jurisdiction of the civil courts. there was no point in that case that the particular grant being only of the royal share of the land revenue, the right to ..... other things that no claims against government on account of jaghirs shall be cognizable by the civil courts; and this provision was extended to the district of dharwar by regulation vii of 1330, section 2. by act x of 1876 these provisions were repealed and section 4(a) so far as it relates ..... the meaning of section 4 of the pensions act. 46. under section 4 of act xxiii of 1871 no suit relating to any pension or grant of money or land revenue conferred by the british or any former government can be entertained by the civil courts. the claim for the possession of lands ..... act of 1858 (21 & 22 vic. c. 106). he relied upon the case of secretary of state v. moment (1912) 15 bom. l.r. 27. the question raised in the general form does not arise in this case. mr. coyaji has, however, clearly pointed out that so far as the claims against government relating to saranjams are concerned the civil courts .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1999(5)ALD148; 1999(5)ALT225
..... hence the suit ought to have been dismissed on that ground alone. it is his case that there is legal mechanism in built in the act and that the civil court has no jurisdiction to entertain the suit and to pass a decree. the learned counsel appearing for the respondent-plaintiff has contended that the statute cannot take away ..... not elaborate and the power to record evidence etc., or of determining a collateral fact by the authority constituted under the statute upon which the jurisdiction under the act is vested is not provided for. civil courts are not barred from entertaining a suit nowithstanding the fact that there is an express exclusion thereunder. even where the jurisdiction is excluded ..... , civil courts have jurisdiction to examine whether the provisions of the act have not been complied with or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure. in cases where there is no express prohibition, the ..... person to challenge an illegal order made under the statute, the alternative remedy provided by the act must be taken into consideration. where elaborate provisions are made in the statute for alternative and adequate remedies, including provision for recording evidence and for determining facts, civil court's jurisdiction is barred. where, however, there is absence of adequate remedy under the .....Tag this Judgment!
Court : Mumbai
Reported in : 2003(2)ALLMR608
..... can now be decided bythe arbitral tribunal. the first question has to beanswered accordingly.11. we now come to the next submissionconsidering section 45 of the act of 1996, whetherthe civil court can proceed with the suit where therelief sought is that the agreement is null andvoid. the position under section 45 and section 54which fall in part ii ..... forum. it is thus clear thatmerely because of the arbitral clause there is anouster of jurisdiction of the civil court and thecivil court, retains jurisdiction to hear and decidethe dispute which are within its competence. thusunder the act of 1940, the civil court in theaforementioned circumstances retainedjurisdiction, inspite of invocation of the arbitralclause.let us examine the position under the actof ..... toentertain a suit between the parties to anagreement which contains an arbitral clauseconsidering sections 8, 16 and 45 of thearbitration & conciliation act, 1996 read withsection 9 of code of civil procedure, 1908.(b) will a civil court, in case of an agreementcontaining an arbitral clause governed by englishlaw, which agreement in the suit is challenged asnull and void, ..... dispute isgenuine in whole or in part or defend the action.this is the prescribed mode of access to justicearbitration act carves out an exception to thegeneral rule, that the forum for resolution ofcivil disputes is the civil court havingjurisdiction to deal with the same by providingthat the parties to a dispute by agreement betweenthemselves, may choose a .....Tag this Judgment!