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Judgment Search Results Home > Cases Phrase: civil courts amins act 1856 Year: 1969 Page 1 of about 414 results (0.150 seconds)

Apr 04 1969 (HC)

Behari Lal and anr. Vs. Keshri Nandan

Court : Allahabad

Decided on : Apr-04-1969

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 .....

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Dec 31 1969 (HC)

Bhairo and ors. Vs. Parmeshri Dayal and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All516

..... the hindu law being silent on the subject, we must decide in accordance with the principles of justice, equity, and good conscience referred to in section 24 of the bengal civil courts act. in order to ascertain what is the rule of justice, equity, and good conscience in the pre-sent case the principles of jurisprudence are the best guide that we can ..... a question as this is contained in section 24 of the bengal civil courts act. i think that it was for the respondents to show that, under the hindu law of succession and inheritance, the rights of bishan lal in the property in dispute ceased ..... benefit to the position of the defendants-respondents, we have to consider whether this is a question of succession or inheritance within the meaning of section 24 of the bengal civil courts act (vi of 1871). i think that it is, because the question is, on the death of bishan lal, what estate devolved on the present respondents. the law which governs such ..... ashutosh dutt v. doorga churn chatterjee i.l.r. 5 cal. 438 and the tagore case 9 b.l.r. 377 and section 10, transfer of property act. the decree of the lower appellate court is set aside, and the case remanded for disposal on the merits.mahmood, j.3. the question raised by the facts of the present case is whether .....

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Sep 10 1969 (HC)

C.P. Khanna Vs. V.K. Kalghatgi and ors.

Court : Mumbai

Decided on : Sep-10-1969

Reported in : AIR1970Bom201; (1970)72BOMLR295; ILR1970Bom805; 1970MhLJ450

..... in delaying the proceedings. the safeguard of appeal really ensures just decisions of the disputes. speaking for ourselves, if such procedure is adopted in civil courts, probably, the litigants will be more happy with quicker and satisfactory results and the present delays and wasteful expenditure could be avoided, we have ..... been dealing with matters decided under the act and we are satisfied that the standards of decisions are as good as, if not better, than those in civil courts. we are not satisfied that the procedure is so inadequate as to hold that it ..... in special cases and as to the rest provides that the limitation act will be applicable. under section 94 the registrar or his nominee is required to follow the prescribed procedure and is given power of a civil court for summoning and enforcing attendance of witnesses, requiring parties and witnesses to ..... know law and that no particular procedure is prescribed under the act and the rules. on the other hand, he says that in the case of other litigants who are not connected with the society, the procedure of civil courts with all safeguards gives a proper opportunity to the parties to ..... under sec, 149 of the act which consists of experienced members of the judiciary or advocates of standing, and under the section the tribunal has all the powers of an appellate court under section 97 and order 41 in the first schedule of the civil procedure code.10. the above examination reveals that .....

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Dec 31 1969 (HC)

Mazhar Ali and ors. Vs. Budh Singh and anr.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1885)ILR7All297

..... clear distinction between the rules of substantive law and those which belong purely to the province of procedure, because, whilst under section 24 of the civil courts act the courts are bound to administer the former branch of the law according to native laws in cases of succession, inheritance, and marriage, questions which go ..... death of the missing person is to be proved, is part of the muhammadan law of 'succession or inheritance.' by section 21 of the civil courts act, persons of the muhammadan and the hindu religions respectively are given the right of being governed in the matters therein referred to by their own ..... substantive law of succession, inheritance or marriage, i should have, sitting here as a muhammadan judge, felt myself bound by the provisions of the civil courts act to adhere to the view adopted in the cases to be found in the reports.duthoit, j.9. i have nothing to add, except that ..... not the case, the question must be determined according to the general law of british india, the provisions contained in section 24 of the bengal civil courts act constitute one of the most important guarantees given to the people of india by the british rule, and they date as far back as the ..... a rule of the muhammadan law of 'succession, inheritance, marriage, or caste, or any religious usage or institution' within the meaning of the bengal civil courts act (vi of 1871). this, i think, is the first and necessary step in the reasoning which would lead to the answer we are called upon .....

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Dec 31 1969 (HC)

Mir Azmat Ali Vs. Mahmud-ul-nissa

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1898)ILR20All96

..... unfortunately are too anxious to discover forms of legal procedure by which they can annoy their neighbours. in our opinion, however, such a suit lies in a civil court in this country. the court trying such a suit will of course take care, before granting a plaintiff a decree, to see that it is strictly proved that the defendant did seriously ..... it was a suit in which relief was given in england in the ecclesiastical courts, and when the jurisdiction of those courts was transferred to the divorce court by the act of 1857, the jurisdiction of the ecclesiastical courts in suits for jactitation of marriage was transferred to the divorce court. in england it was not only a well-known suit within the jurisdiction of ..... the ecclesiastical courts, but it was considered proper that that jurisdiction should be continued by ..... the divorce court in england, and there .....

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Dec 31 1969 (HC)

Abdul Kadir Vs. Salima and anr.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1886)ILR8All149

..... parties is one the decision of which will affect the domestic family life of the muhammadan community. it therefore falls essentially within the purview of section 24 of the bengal civil courts act (vi of 1871), which binds us to adhere to the rules of muhammadan law in determining such questions. the clause is a reproduction of section 15, bengal regulation iv of ..... and 35, schedule ii, limitation act (xv of 1877), and the provisions of section 260 of the code itself. to quote the language of the privy council in the case already referred to, 'upon authority, then, as. well as principle, their lordships have no doubt that the mussulman husband may institute a suit in the civil courts of india for a declaration of ..... atteah doomoonee 14 b.l.r. 298 in which that learned judge, after briefly reviewing the laws of other civilized countries, came to the conclusion that the ecclesiastical law of england was the only system which justified the view that 'a court could enforce the continuous performance of conjugal duties by unlimited fine and imprisonment;' but the learned judge declined to follow ..... that law in indian cases, and held that the provisions of section 200 of the old civil procedure code (act viii of 1859) were not applicable to decrees for restitution of conjugal .....

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Dec 31 1969 (HC)

Muhammad Allahdad Khan and anr. Vs. Muhammad Ismail Khan and ors.

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1888)ILR10All289

..... question is important, because unless it is a ' question regarding succession, inheritance, marriage or caste, or any religious usage or institution,' within the meaning of section 24 of the bengal civil courts act (vi of 1871) which governs this case, we are scarcely at liberty to apply the muhammadan law in its integrity to this case, and the alternative would be almost unavoidable ..... agreeing with him in the interpretation of the law upon the subject of remand for new trials under section 562 of the code of civil procedure, i hold that all that the learned judge of the lower court tried and decided in this case was the preliminary question of the plaintiff allahdad's status to sue as the heir of the deceased ..... as to the course we should take under the circumstances.2. first of all we must consider section 562 of the civil procedure code. it appears to me that section 562 applies not only to a case in which the judge of the court of first instance has expressly excluded evidence, but that also it applies to a case in which the parties may ..... have been or were by the act of the judge misled as to the issues or the evidence necessary in the case. i think .....

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Dec 31 1969 (HC)

Sarju Prasad and anr. Vs. Sita Ram

Court : Allahabad

Decided on : Dec-31-1969

Reported in : (1888)ILR10All71

..... which he proceeded. while he seems to me conclusively to point out why there need be no conflict or hostility between the provisions of the civil procedure code and the limitation act, the learned chief justice of the bombay high court, sargent, c. j., although he seems to indicate that there may be some such conflict, does not point out what that conflict is.4 ..... preventing recurrence and repetition of points already adjudicated upon, there is no reason why all the principles contained in chapter xxii of the civil procedure code should not be applied to execution proceedings. indeed, as one who has acted as a court of first instance in the mufassal for some time, i have applied the provisions contained in that chapter to proceedings in execution. and ..... i said before, i do not myself see that there will be any conflict between the sections of the civil procedure code to which i have referred and art. 179 of the limitation act. now, looking to the terms of the order of the court passed in this matter upon the 24th december 1883, it is obvious not only that the pleader for the decree ..... place in respect of the application of the 14th february 1881, we can adopt and act upon and we ought to adopt and act upon the provisions contained in sections 373 and 374 of the civil procedure code; because if those provisions are applicable to this case, then undoubtedly the courts below were wrong in allowing the execution of the decree, and the decree cannot be .....

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Jan 17 1969 (HC)

Deepchand Vs. Sukhlal and ors.

Court : Madhya Pradesh

Decided on : Jan-17-1969

Reported in : AIR1969MP232; 1969MPLJ434

..... , while discussing the provisions of order 20, rule 12, and order 7, rules 1, 2 and 7, held:'in view of order 7, rules 1, 2 and 7 of the civil procedure code and section 7(1) of the court fees act, a plaintiff must plead his cause of action, specifically claim a decree for past mesne profits, value the claim approximately and pay ..... plaintiff claimed only declaration of title and recovery of possession of immovable property and made no demand or claim for either past or future mesne profits or rent, and that, in such a case, the court could not pass a decree for future mesne ..... for rent or mesne profits, the court has a discretion to pass a decree directing an enquiry as to rent or mesne profits from the 'institution of the suit till the delivery of possession to the decree-holder or the expiration of three years from the date of the decree, whichever event first occurs.in mohd amin v. vakil ahmad, air 1952 ..... decree directing an enquiry into future mesne profits and the court may grant a general relief though it is not specifically asked for in the plaint.'in that case, the decision in air 1952 sc 358 (supra) was cited. while explaining that case, their lordships observed that the observations in mohd. amin's case, air 1952 sc 358 were applicable where the .....

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Jan 17 1969 (HC)

P.D. Palakattumala Devaswom, Represented by the Secy. Travancore Devas ...

Court : Kerala

Decided on : Jan-17-1969

Reported in : AIR1970Ker30

..... to might require reconsideration, is the question before us.2. we have come 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 ..... being a decree within the meaning of the code, the forum being determined, so far as first appeals are concerned, by the provisions of the relevant civil courts act. there are numerous decisions of the several high courts to this effect, but, for our purposes, it is sufficient to refer to the full bench decisions in chikkana v. perumal, air 1940 mad 474 (fb ..... 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 ..... these words to give the word, 'suit' the wider ambit given to it by sir barnes peacock in burro chunder roy chowdhry v. shoorodhones debia, (1856) 9 suth wr 402, as including 'any proceeding in a court of justice to enforce a demand', at a time when the code contained no provision like section 26. and by presenting a nelson's eye .....

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