Court : Rajasthan
Decided on : Dec-20-2002
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 the civil courts amins act, 1856 was sought to be repealed because the institutions of amins in civil courts has been long abolished and it is no longer in vogue and therefore, this act had become obsolete, redundant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 : Mumbai
Decided on : Nov-30-2002
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!
Court : Supreme Court of India
Decided on : Jan-10-2002
Reported in : AIR2002SC582; 2002(1)ALLMR(SC)968; 2002(50)BLJR499; (2002)2GLR1707; [2002(1)JCR494(SC)]; JT2002(1)SC82; (2002)1MLJ189(SC); 2002(1)SCALE87; (2002)2SCC16; 1SCR144
..... not maintainable and was liable to be dismissed in limine for non-compliance with proviso to section 17 of the provincial small cause courts act, 1887 (hereinafter, 'the pscc act', for short). on 15.10.1998, the tenant- respondents filed an application praying that they may be permitted to furnish security ..... put to execution and on 21.2.1998 the decree-holder obtained possession over the suit premises with police help. the court amin certified the delivery of possession to the executing court. on 26.2.1998, the tenant- respondents moved an application under order 9 rule 13 of the c.p.c. ..... the code of civilprocedure.- (1) the procedure prescribed in the code of civil procedure, 1908, shall save in so far as is otherwise provided by that code or by this act, be the procedure followed in a court of small causes in all suits cognizable by it and in all proceedings arising ..... nature and scope of the proviso however, the learned counsel for the appellant brought to our notice a number of decisions delivered by the high courts of allahabad, oudh, madras, orissa, rajasthan and lahore which have taken the view that the proviso is mandatory and non-compliance therewith would entail ..... the total decretal amount. (videstatement of objects and reasons, gazette ofindia, 1935, pt. v, p.90)."the object behind establishing small cause courts conferred with jurisdiction to try summarily such specified category of cases which need to be and are capable of being disposed of by adopting summary procedure .....Tag this Judgment!
Court : Chennai
Decided on : Nov-07-2002
Reported in : (2003)1MLJ50
..... filed rep no.18 of 2001 under order 21 rule 1 of code of civil procedure praying the court to deliver possession of the property allotted to him in the final decree through the court amin under order 21 rule 35 of the code of civil procedure. as already pointed out, the respondent in his counter in o.p ..... respondent filing final decree petition, the petitioner herein filed o.p.no.1 of 1994 under sections 22 and 29(c) of the hindu succession act praying the court to pass a decree directing the respondent herein to transfer the properties to the petitioner by way of sale free of encumbrance by receiving a ..... joint family properties viz., 'b' and 'c' schedule under a will, this will be outside the purview of section 22(1) of the hindu succession act.14. even that apart, even in a case where interest in immovable properties of an intestate devolves upon two or more heirs, once there is a partition ..... been bequeathed by their father is his one-third share. that being so, the claim of the petitioner, that section 22(1) of the hindu succession act can be invoked by him, cannot be accepted. this is because, section 22(1) would apply to cases where an interest in any immovable of an ..... transfer shall be preferred. 11. the following are the matters that are required to be remembered by way of understanding section 22(1) of the hindu succession act, viz,(i) the section applies only in case of immovable properties or business; (ii) this section can be invoked only when such immovable property or .....Tag this Judgment!
Court : Jharkhand
Decided on : Oct-03-2002
Reported in : [2003(1)JCR218(Jhr)]
..... ten thousand rupees' shall be substituted. 3. retrospective operation.--(1) the provision of clause (a) of sub-section (1) of section 21 of the bengal, agra and assam civil courts act, 1887 (xii of 1887), as amended by section 2 shall apply irrespective of the fact that the suits proceedings, decrees or orders out of which the appeals, referred to ..... the learned counsel it is desirable to take note of i would like to state the brief history of the legislation. bengal, agra and assam civil courts act, 1887 was enacted to consolidate and amend the law relating to civil courts act in bengal (north eastern provinces & assam) which were then administered by the lt. governor of bengal. section 3 provides constitution of ..... amendment made in bengal, agra and assam civil court act, 1887.2. to amend bengal agra and assam civil court act. 1887 (in short the act of 1887) in its application to the state of jharkhand the legislature of jharkhand enacted bengal, agra, and assam civil court (jharkhand amendment) act, 2002 (act 11 of 2002) whereby certain provision of 1887 act has been amendment.3. by the aforesaid ..... amendment act, 2002 the pecuniary appellate jurisdiction of the district courts has been increased to rs. 2,50.000/-.4. i have heard at length mr. .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-28-2002
Reported in : 2003(2)ALD101
..... in e.p.no. 19 of 2002, in r.c.c.42 of 1990 on the file of principal junior civil judge's court, guntur, he provided necessary police aid to the court amin in the matter on 20-7-2002 and as such, the said action of police cannot be characterised as illegal or ..... executing the delivery warrant with police aid and inasmuch as the communication was not received, respondent no. 4 had acted in accordance with the direction of the court in giving police protection to the court amin-respondent no. 3 herein. hence, as far as taking out of the further execution proceedings is concerned, the ..... affidavit, he also pleaded that if this court is of the opinion that the act committed by him amounts to contempt of court, he tenders unconditional apology in this regard, and all the relevant documents related to the same had been enclosed by the third respondent, the concerned court amin. 13. the 4th and 5th respondents ..... who asserts must prove' has its due application in the matter of proof of the allegations said to be constituting the act of contempt and a proceeding under the contempt of courts act is quasi-criminal in nature, and as such, standard of proof required for the same is that of a criminal ..... mrityunjoy das and anr. v. sayed hasibur rahaman and ors., (2001) 3 scc 739, it was held that, the introduction of the contempt of courts act, 1971 in the statute-book has been for purposes of securing a feeling of confidence of the people in general for due and proper administration of justice .....Tag this Judgment!
Court : Chennai
Decided on : Jul-26-2002
Reported in : AIR2003Mad46; (2002)3MLJ229
..... 21. in ramesan vs . kunhipalu , the full bench of kerala high court has held that the presumption under section 114 of evidence act regarding regularity of performance of judicial and official acts can be drawn if attachment is actually proved by amin's report or otherwise. 22. in a.t.k.p.l.m. muthiah ..... make any distinction between the bona fide transferee and the transferee without consideration, the sale in favour of the appellant will stand hit by section 64 cpc. the plea that he had discharged the mortgage debts in favour of muthulakshmi ammal has also not been proved. in fact, in his evidence, ..... attachment was mentioned in the sale deed itself and in those circumstances, the learned judge held that the sale was hit by provisions of section 64 cpc. in the absence of prabha sridevan, j.mmi any evidence to show that the attachment was not effected in accordance with law and since section ..... mortgage and further that section 64 cpc does not distinguish between the bona fide purchaser for value and another. 10. learned counsel relied on m/s. nalli textiles, madras vs. minor ..... in prescribed form, the order of attachment is not valid.9. learned counsel for the respondents on the other hand would submit that section 64 cpc would render the transfer in favour of the appellant invalid. it was also submitted that the appellant had not established that he had discharged the .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-16-2002
Reported in : 2002(2)AWC1274
..... registration in view of section 90 of the registration act. * there is no necessity to execute another registered document to vary its term, as it was not required to be registered. 8. so far as second point is concerned, the petitioner submitted that terms of lease deed could be varied by the civil courts only or a suit for damages could be filed ..... in the civil courts but the executive authorities or revenue courts have no jurisdiction to vary terms of the lease deed. decision9. the first two points are interesting but in view of my .....Tag this Judgment!
Court : Rajasthan
Decided on : May-10-2002
Reported in : RLW2003(4)Raj2350; 2002(4)WLC565; 2003(2)WLN276
..... here that there is no dispute on the point that in view of section 18 of the act of 1993, the exercise of jurisdiction by the civil court in relation to matters specified under the act of 1993, is excluded, but the exercise of jurisdiction by the high court under articles 226 and 227 of the constitution of india has been saved.10. for convenience ..... law. suit for debut recovery filed by banks and financial institutions can no longer be decided by civil court and the appropriate forum is banking tribunal.12. no doubt by virtue of section 18 of the act of 1993, the high court can exercise jurisdiction under article 226 and 227 of the constitution of india against an order passed by the debt recovery tribunal ..... , section 18 of the act of 1993 is quoted here:-'18. bar of jurisdiction. on from the appointed day ..... to be derailed either by taking recourse to proceedings under article 226 and 227 of the constitution or by filing a civil suit, which is expressly barred. even though a provision under an act cannot expressly oust the jurisdiction of the court under articles 226 and 227 of the constitution, nevertheless, when there is an alternative remedy available, judicial prudence demands that the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-26-2002
Reported in : 2003(2)ALD191
..... of the supreme court in the decision reported in venkataraman & co. v. state of madras, : 60itr112(sc) . a constitutional ..... required to be resolved under the provisions of either the arbitration and conciliation act, 1996 or by filing an application to the district court concerned. therefore, in my view, the jurisdiction of the civil courts to entertain the disputes, which would fall within the ambit of section 23 of the act, is by a necessary implication barred. the dispute involved in the present ..... principle regarding the exclusion of the jurisdiction of the civil court fell for consideration of their lordships ..... case is in my view squarely falls within the ambit of section 23 of the andhra pradesh societies registration act, 2001 extracted above. 20. the legal .....Tag this Judgment!