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Judgment Search Results Home > Cases Phrase: civil courts amins act 1856 Year: 2003 Page 1 of about 984 results (0.139 seconds)

Oct 24 2003 (HC)

Motichand JaIn Vs. M. Jaikumar and ors.

Court : Andhra Pradesh

Decided on : Oct-24-2003

Reported in : AIR2004AP136; 2004(1)ALD228; 2004(1)ALT250

..... the latter comes within the realm of adjectival law being procedural aspect and is, therefore, not a vested right. the a.p. civil courts (amendment) act 30/ 89 under which the pecuniary jurisdiction of the chief judge, city civil court/district court has been raised from rs. 30,000/- to rs. l lakh operates retrospectively since nothing is discernible from the provisions of the said ..... 1991 the learned chief judge held that he had no jurisdiction to entertain the appeal and the appeal ought to have been filed before the high court inasmuch as the amendment brought to the civil courts act under the act 30/89 was not retrospective in operation. assailing the said order, the present cma no. 1454 of 1991 was filed. initially the matter ..... of 1972 was passed with an intention to consolidate and amend the law relating to the civil courts subordinate to the high court in the state of andhra pradesh. earlier to its advent, the a.p. (andhra area) civil courts act, 1873 and a.p. (telangana area) civil courts act, 1954 used to be in operation in andhra and telangana areas respectively in the state of andhra ..... the judgment and decree passed by the learned n additional judge, city civil court, hyderabad, to the high court but for the amendment to the civil courts act raising the pecuniary jurisdiction of the chief judge, city civil court. on an objection taken by the office about the maintainability of the appeal before the court of the chief judge, the objection was heard and under the impugned .....

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Dec 08 2003 (HC)

SachIn Ghosh and ors. Vs. Niranjan Chandra Ghosh and ors.

Court : Kolkata

Decided on : Dec-08-2003

Reported in : (2004)2CALLT515a(HC),2004(2)CHN254

..... of such person if there is no previous adjudication by the officer or authority in a bhagchas proceeding as envisaged in section 18 of the act. the civil court is thus competent to entertain a suit involving to determine on the question as to whether the plaintiff is a bargadar or not and such ..... learned counsel that the decision given by the bhagchas officer under section 18(1) of the west bengal land reforms act, in a referred case under section 21(3) is untouchable. the civil court has got the power to scrutinize the decision, such as if the decision has been taken by the bhagchas officer ..... the learned counsel placing reliance on the decisions mentioned hereinbelow, submitted that section 21(3) of the west bengal land reforms act does not say about the ouster of the jurisdiction of the civil court. the learned counsel also submits that the provision of 51c(2) is not attracted in this case. the learned counsel ..... correction of record-of-rights, title cannot be declared and correction of record-of-rights cannot be done by the civil court in view of the provisions of section 51c of the wblr act, 1955. the learned counsel for the appellants also submitted that in view of the provisions of section 21(3) ..... panda v. sk. amin ali was not called upon to decide this point conclusively but even then therein it was observed that in the matter of determination of the question as to whether a person is a bargadar or not under section 18(2) the ouster of the civil court's jurisdiction would be .....

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Jun 26 2003 (HC)

Durga Charan Naik and anr. Vs. Kasinath Nayak (Died) by His L. Rs. and ...

Court : Orissa

Decided on : Jun-26-2003

Reported in : AIR2004Ori70

..... have been decreed. he also argues that the evidence of p. w. no. 3, the tahsil court amin and his report marked ext. 2 sufficiently rebuts to the report of the civil court commissioner and the courts below did not properly considered that aspect. in that context, mr. rath also relies on the case of ..... evidence on record.9. in course of hearing, mr. rath, learned counsel for the plaintiffs-appellants argues that survey was not properly conducted by the civil court commissioner and the evidence of d. w. nos. 1 and 3 is contrary to the plea advanced by them and therefore the plaintiffs suit should ..... the appeal memo appellants have raised three other substantial questions of law challenging to the acceptability of the report of the civil court commissioner but such grounds were not accepted by this court to be relevant substantial questions to be considered at the time of hearing of the appeal.4. judgment and decree ..... acceptable as evidence in view of the provision in order 26, rule 10(2), c. p. c. but court is to assess the evidenciary value of such report and not bound to act according to that report. that position of law is not disputed by the respondents.10. keeping in view the ..... nature of the dispute evidence led by the parties, findings recorded by the courts below and the above raised contentions of the appellants, this court carefully peruses the evidence .....

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Mar 26 2003 (HC)

Ratna Kanta Kalita and ors. Vs. Kanak Chandra Kalita (Deceased by L.R. ...

Court : Guwahati

Decided on : Mar-26-2003

..... unpartitioned ancestral land;(ii) whether there can be delivery of possession of a specific share to any one in cases of ancestral property without measure and demarcation by amin commissioner;(iii) whether the civil court can grant partition of unpartitioned land without following the procedure in regulation 154 (d) of the assam land and revenue regulation; and(iv) whether the claim of the ..... awaiting for the final order in the meantime filed this suit. that 'chitta'-mutation was done by plaintiff/respondent collusively with 'mondal' and it is not true that he exercised act of possession over the suit land as stated in the plaint. they prayed for dismissal of the suit with compensatory costs.6. proforma-defendants 8, 10 and 15 of the ..... . defendants no. 1 to 5), contending, inter alia, that suit is wanting in cause of action, not maintainable in law, barred under articles 65/110 and section 27 of limitation act and on principle of waiver, estoppel, not valued properly, bad for non-joinders of parties and mis-joinders of causes of action proceeding under sections 145/146 cr.p.c ..... plaintiff who does not take physical possession of the suit land in respect of his share within 18 years of partition is barred by the law of limitation act.' 12. question .....

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Mar 26 2003 (HC)

Ratna Kanta Kalita and ors. Vs. Kanak Chandra Kalita (Deceased by L.R. ...

Court : Guwahati

Decided on : Mar-26-2003

Reported in : AIR2004Gau31

..... unpartitioned ancestral land;(ii) whether there can be delivery of possession of a specific share to any one in cases of ancestral property without measure and demarcation by amin commissioner;(iii) whether the civil court can grant partition of unpartitioned land without following the procedure in regulation 154 (d) of the assam land and revenue regulation; and(iv) whether the claim of the ..... awaiting for the final order in the meantime filed this suit. that 'chitta'-mutation was done by plaintiff/respondent collusively with 'mondal' and it is not true that he exercised act of possession over the suit land as stated in the plaint. they prayed for dismissal of the suit with compensatory costs.6. proforma-defendants 8, 10 and 15 of the ..... . defendants no. 1 to 5), contending, inter alia, that suit is wanting in cause of action, not maintainable in law, barred under articles 65/110 and section 27 of limitation act and on principle of waiver, estoppel, not valued properly, bad for non-joinders of parties and mis-joinders of causes of action proceeding under sections 145/146 cr.p.c ..... plaintiff who does not take physical possession of the suit land in respect of his share within 18 years of partition is barred by the law of limitation act.' 12. question .....

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Jan 30 2003 (HC)

Modilal and anr. Vs. L.Rs. of Chatra Ram and ors.

Court : Rajasthan

Decided on : Jan-30-2003

Reported in : RLW2003(3)Raj2001; 2003(2)WLC509

..... , the power of revision conferredupon a district judge under section 17 of the act of 1957 being a power in relation tothe decision of a civil suit, cannot be of a nature different from the ordinary judicialpower of a civil court deciding a civil suit. the district judge exercises his powers asa court of law and not merely as a persona designata and when he exercises ..... . district judge and addl. district judge can discharge functions of district judge and furthermore, in section 17 of the act of 1957, a revision lies before the district court and it is nowhere stated in section 17 that court would be of principle court of civil original jurisdiction and thus, from this point of view also, the addl. district judge was fully competent to hear ..... stated here that nature of revision under section 17 of the act of 1957 is quite different from that of under section 115 cpc.18. on the following grounds, a revision under section 17 of the act of 1957 can be entertained by the district court against the order of the debt relief court :-(a) that the order is contrary to law.(b) that the ..... court has (i) exercised a jurisdiction not vested in it by law.or .....

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Aug 21 2003 (HC)

Smt. Anju Bala Vs. VipIn Oberoi

Court : Punjab and Haryana

Decided on : Aug-21-2003

Reported in : (2004)136PLR468

..... has been fited by the father, which is stated to be pending before the civil judge (senior division), jagadhri.2. shri shiv kumar, learned counsel appearing for the applicant-petitioner has relied upon the provisions of section 9(1)of the act to contend that, in fact, the courts (sic) gadhari did not have any jurisdiction, inasmuch as, admittedly the minor, namely, master ..... vineet oberoi, was living with the petitioner (mother) at faridabad.3. at this stage section 9 of the act be noticed with some advantage:-'9. court having jurisdiction to entertain application.- (1) if the application is with respect to the guardianship of the person of the minor, it shall be made to the ..... dispute that minor vineet oberoi is presently residing with his mother, anju bala, at faridabad.5. in view of the mandatory provisions of section 9 of the act, it is apparent that the courts it jagadhri do not have any jurisdiction to entertain the petition filed by the respondent father. such a petition for custody of the minor was maintainable only with ..... the courts at faridabad.6. accordingly, the civil judge (senior division), jagadhri is directed to return the petition filed by the respondent-father to him for presentation to a court of competent jurisdiction in accordance with law.the petition is disposed of accordingly.copy of this order .....

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Jan 17 2003 (SC)

State of Karnataka Vs. Vishwabarathi House Building Coop. Society and ...

Court : Supreme Court of India

Decided on : Jan-17-2003

Reported in : AIR2003SC1043; 2003(2)ALLMR(SC)1091; 2003(2)ALT22(SC); 95(2003)CLT445(SC); [2003]113CompCas536(SC); (2004)1CompLJ321(SC); 2003(1)CTC409; [2003(96)FLR743]; JT2003(1)SC344; R

..... is evident that remediesprovided thereunder are not in derogation of those provided under other laws. the saidact supplement and not supplants the jurisdiction of the civil courts or other statutoryauthorities.46. the said act provides for a further safeguard to the effect that in the event acomplaint involves complicated issues requiring recording of evidence of experts, thecomplainant would ..... be at liberty approach the civil court for appropriate relief. theright of the consumer to approach the civil court for necessary relief has, therefore,been provided under the act itself.47. the provisions of the said act are required to be interpreted as broadly aspossible. it has jurisdiction to entertain a ..... the constitution of india could not enact the act by establishing forums which are substitute of the civil courts including the high court.(3) the provisions of the said act strike at the independence of the judiciary.(4) as the act does not contain any provision to transfer a case from one consumer court to another and furthermore the forum and the ..... the functioning thereof is unworkable.(5) the parliament can only establish courts which may deal with special subjects specified therefore but not a court which will run parallel to civil courts.5. before adverting to the question as regard the competence of the parliament to enact the said act, we may notice the history of legislation leading to enactment of .....

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Mar 21 2003 (HC)

Dr. K. Malathi Vs. Dr. S. Rajasekaran

Court : Chennai

Decided on : Mar-21-2003

Reported in : AIR2003Mad322; II(2003)DMC415; (2003)2MLJ33

..... said petition has been filed under section 151 of the code of civil procedure read with section 13 of the family courts act. section 151 of cpc relates to inherent powers of the court; section 13 of the family courts act relates to representation by legal practitioner. fair reading of section 13 of the family courts act indicates that there is no total prohibition of being represented by a ..... avoid personal appearance once and for all. '11. it is clear that in the light of section 13 of the family courts act, order 3 rule 1 and order 4 rule 1 of section 132 cpc, no party to the family court seek dispensation once for all, to avoid personal appearance and claim to have the adjudication through a recognised agent on account of ..... .m. syed amina beevi vs. thaika sahib alim in (1994) i dmc 557. the learned judge had an occasion to consider similar question. after referring section 13 of the family courts act and relevant provisions from the cpc, the hon'ble judge has held,' 12. ...... i have already expressed the view that the prohibition contained in sec. 13 of the family ..... legal practitioner and not in respect of a recognised agent permissible under the provisions of order 3 rule 1 of the code of civil procedure, which is rendered applicable by the provisions contained in section 10 of the family courts act to the extent to which there is no provision otherwise contained to the contra. the petitioner in my view therefore is entitled .....

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May 02 2003 (HC)

Jindal Drugs Limited, a Company Incorporated Under the Provisions of t ...

Court : Mumbai

Decided on : May-02-2003

Reported in : 2003(3)ALLMR9; 2003(4)BomCR14; (2002)2BOMLR888; 2004(1)MhLj87

..... to realise the debt, it cannot be said to be actionable claim. actionable claim under section 130 of the transfer of property act refers only to the claims capable of enforcement, at the time of assignment, by suit in the civil court. it does not include a claim, in respect of which cause of action had not arisen at the time of transfer ..... relief, whether such debt or beneficial interest be existence, accruing, conditional or contingent.' the definition as analysed in mulla's transfer of property act (at page 805 of the 6th edition) comprises two types of claim (a) a claim to ..... 3 of the transfer of property act which run thus: 'actionable claim' means a claim to any debt, other thana debt secured by mortgage of immovable property or by hypothecation or pledge or movable property, or to any beneficial interest in movable property not in the possession, either actual or constructive, of the claimant, which the civil courts recognise as affording grounds for ..... the transfer of property act, 1882, which reads as under: 'actionable claim' means a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge or movable property, or to any beneficial interest immovable property not in the possession, either actual or constructive, of the claimant, which the civil courts recognise as affording grounds .....

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