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Judgment Search Results Home > Cases Phrase: civil courts amins act 1856 Year: 2009 Page 1 of about 805 results (0.141 seconds)

May 21 2009 (HC)

Ashok Kumar Singh and ors. Vs. Shanti Devi and ors.

Court : Patna

Decided on : May-21-2009

..... , and i am tempted to be profited by quoting that particular paragraph which is as follows:sections 3 and 13, bengal, agra and assam civil courts act, 1887, clearly show that the court of the munsif under the act is one court though there might be several officers working as munsifs in the same district. where there are two or more munsifs having the same local ..... above section, the court of district judge, the court of additional judge, the court of subordinate judge and the court of munsif are the civil courts established and classified by the above act no. 12 of 1987. as may appear ..... that of subordinate judge-i, could also be covered by the above term 'court' as appearing in section 2(e) of the act.8. as pointed out by this court in the decision of mohd. sadiq (supra). the bengal, agra and assam civil courts (act no. 12 of 1997) provides classes of civil courts by virtue of its section 3. as may appear from the provision of the ..... it has been decided that any subordinate judge, who is not sub-ordinate judge-i of the district could not be the 'principal civil court of original jurisdiction' for the purpose of sections 2(e), 34 and 36 of the act.13. in view of the above discussions, i have no hesitation in holding that the sub-ordinate judge who was seized with .....

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Feb 25 2009 (HC)

K.i.M. Sajjdeen Vs. theni Co-operative Sale Society Limited Rep. by It ...

Court : Chennai

Decided on : Feb-25-2009

Reported in : (2009)5MLJ1336

..... passed by the special tribunals set up under it, and their competence to administer the same remedy as the civil courts render in civil suits. such tribunals having been so constituted as to act in conformity with the fundamental principles of judicial procedure, the clear and explicit intendment of the legislature is ..... should not have proceeded to consider the question of granting recognition. it is for the authorities to decide the same, if at all the civil court could only have issued a mandatory injunction directing the authorities to consider the question and pass appropriate orders on the application of the petitioner for ..... tenant, as aforesaid, is bona fide. if the controller were to come to the opposite conclusion, no question of invoking the jurisdiction of the civil court would arise. but the decision of the controller is concerned solely with the bona fides, and not the correctness or validity, of the denial ..... . the remedies provided by the statute in such matters are adequate and complete. although the statute contains no express bar of jurisdiction of the civil court, except for eviction of tenants 'in execution or otherwise', the provisions of the statute are clear and complete in regard to the finality of ..... , pursuant to the order passed in e.p. no. 35 of 2004 and delivery of possession was recorded on 5.3.2005 through the court amin.4. in the eviction petition, in addition to the prayer for eviction on the above two grounds, the respondent herein sought for a direction .....

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Dec 16 2009 (FN)

R (on the Application of E) (Respondent) Vs. Governing Body of Jfs and ...

Court : UK Supreme Court

Decided on : Dec-16-2009

..... of orthodox judaism. but the sphere within which those principles are being applied is that of an educational establishment whose activities are regulated by the law that the civil courts must administer. underlying the case is a fundamental difference of opinion among members of the jewish community about the propriety of the criteria that the office of the ..... for a public authority in carrying out any functions of the authority to do any act which constitutes discrimination. these provisions make it clear that the sphere within which the ocr was providing guidance to jfs was firmly within the jurisdiction of the civil courts. the admission arrangements the context in which jfs's admissions criteria must be examined is ..... provided by statute. the functioning of publicly funded schools is governed by the school standards and framework act 1998 ("the 1998 act"). schools maintained by local authorities are referred to as maintained schools ..... of scotland act 1921 contain an assertion that the civil authority has no right of interference in the proceedings and judgments of the church within the sphere of its spiritual government and jurisdiction. but it was held that by entering into a contract binding under the civil law the parties had put themselves within the jurisdiction of the civil courts and that .....

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Jan 16 2009 (HC)

Vivek Sarawgi (Minor) Vs. State of Jharkhand and ors.

Court : Jharkhand

Decided on : Jan-16-2009

Reported in : 2009(57)BLJR1133

..... claimed for payment of compensation for damage/demolition of the eastern boundary wall and entrance gate of his premises, was also disposed of by this court with a direction to the petitioner to move before the civil court for redressal of his grievance since the issues raised therein related to the petitioner's claim of right, title and interest over the land in ..... contention of the learned counsel for the municipal corporation that this writ petition is not maintainable in view of the decision by this court in the earlier writ petition directing the petitioner to refer his grievance to a civil court, cannot be accepted in view of the fact that the question raised in the present case is concerned with the action of the ..... survey of 1935 vis-avis the demarcation of adjacent lands which fall beyond the demarcated area of the petitioner's land. such measurement should be carried out by the government amin in presence of an officer of the government deputed by the deputy commissioner and in presence of the petitioner and all concerned persons after giving them adequate opportunity of hearing ..... 9.9.2005, yet, the petitioner had re-erected the boundary wall without sanction from the competent authority which, according to the learned counsel for the municipal corporation, is an act of encroachment of the public drain by the petitioner. since the petitioner has reconstructed the boundary wall, the respondent corporation has issued the impugned notice directing the petitioner to remove .....

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Jan 30 2009 (HC)

Kasireddy Laxminarayana Reddy Vs. Vallappa Reddy Sumitra Reddy and ors ...

Court : Andhra Pradesh

Decided on : Jan-30-2009

Reported in : AIR2009AP466

..... well as the forum are both substantive rights and therefore, they only apply to the cases in future and not applied to the pending cases.the court further observed as follows:sections (1) that the civil courts (amendment) act, 30 of 1989 is applicable prospectively from 1-12-1989. (2) even in case of suits which were filed earlier to the amendment and they ..... to the appellant.12. learned senior counsel for the respondent sri satyanarayana, submitted that as per sections 9 of the civil courts act and sections 104 and 106 of the civil procedure code, the appeal lies to the chief judge, city civil court, hyderabad, but not to the high court. hence, section 151 c.p.c. has no application to the facts of the present case. therefore, he advanced ..... the appeal when the appeal lies to the district judge?2. whether there are any grounds to review the order passed by the lower court in i.a. no. 1247of 2001?point no.1:14. section 9 of civil courts act reads as follows:9 forum for appeals:(1) an appeal shall, when it is allowed by law, lie from any decree or order ..... 2004 (5) akt 755 : 2004 (2) a.w.r.450 (a.p.) : 2004 (5) akd 807 the full bench of this court considered the maintainability of the appeal before different forums. in the light of the a.p. civil courts amendment act 30 of 1989 which enhanced the pecuniary jurisdiction to entertain the appeals and observed as follows:it is not a case as .....

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Jul 03 2009 (HC)

N. Natesa Iyer Vs. the Commissioner H.R. and C.E. (Admn.) Dept. and

Court : Chennai

Decided on : Jul-03-2009

Reported in : (2009)6MLJ132

..... said judgment that the decision made by the deputy commissioner under section 63(b) of the hindu religious and charitable endowments act, 1959 regarding who among the competent claimants is a hereditary trustee, cannot bind the civil court and the civil court has to decide the question independently on the evidence adduced by the parties.12. a careful reading of the said judgment ..... same should be interpreted to mean that such a decision rendered by the deputy commissioner shall not be binding on the civil court and that the civil court has to decide the question independently.section 63 of the hindu religious & charitable endowments act reads as follows:subject to the rights of the suit or appeal hereinafter provided the joint commissioner or the deputy commissioner ..... conclusive, as the same was not challenged under section 70 of the tamil nadu hindu religious and charitable endowments act, 1959. the trial court upheld the contention of the defendants therein, which was reversed by the first appellate court holding that the civil court should have made a decision independent of the decision made by the deputy commissioner, since the order of the ..... , with a rider that the said question has to be decided independently based on the evidence adduced before the court. when such a decision is rendered by the civil court in a statutory suit filed under section 70 of the hr&ce; act, the parties to the suit and anybody claiming through such parties will lose their right to file a fresh .....

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Oct 06 2009 (HC)

Navelcar Hotels, Represented in This Act by Its Partner Mr. Harish Vin ...

Court : Mumbai

Decided on : Oct-06-2009

Reported in : 2009(6)BomCR270

..... adhoc additional district judges who have original and appellate jurisdiction which is same and similar to that of first, amongst district judges i.e. the principal district judge.(4) goa civil courts act does not render district judges or additional district judges judicially subordinate to the first amongst them, who is first amongst them and is the mater of roaster and administrative head ..... the district judges next in rank to the principal district judge, having same judicial powers and functions 1st as amongst those under section 134 of trade mark act read with the provisions of goa civil courts act?(2) point no. 2.prima facie who is the first to invent and commence the use of trade mark?(3) point no. 3.are the plaintiffs/appellants ..... personally works for gain.18. it is also necessary to have a glance at section 3, 5, 9 and 14 of goa civil courts act, 1999. section 9 refers to additional district judges.section 3. district court.-there shall be a district court for the whole of the union territory, presided over by a judge to be called the district judge and appointed by the ..... .(5) there is nothing in the scheme of the goa civil court act which makes all other district judges inferior in their judicial power or judicially subordinate to the district court or the principal district judge.(6) district court is a judicial institution while district judge, 1st 2nd 3rd additional district judge,,, etc. have to be and .....

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Oct 19 2009 (HC)

Hareswar Roy Vs. Mustt. Monowara Begum and ors.

Court : Guwahati

Decided on : Oct-19-2009

Reported in : AIR2010Gau22

..... the code stands divided, broadly speaking, into two parts. while the main body of the code, which consists of sections, creates jurisdiction for the civil courts, the rules, framed under various orders, indicate the procedure for exercise of such jurisdiction. in other words, the rules, framed under various orders of ..... upon the view that the expression 'civil proceeding' in section 141 is not necessarily confined to an original proceeding like a suit or an application ..... appeals.10. to put an end to the difference of views among the high courts as to whether a 'proceeding', in execution, falls within section 647, an explanation was added to the section 647 by the cpc (amendment) act of 1892, which read thus: 'explanation. this section does not apply to ..... : air 1966 sc 1888 thus, 'similarly, recently this court has held in munshi ram v. banwari lal : air 1962 sc 903, that under section 41 of the arbitration act and also under section 141, cpc, it was competent, for the court, before which an award made by an arbitration tribunal is ..... filed for passing a decree in terms thereof, to permit parties to compromise their dispute under order xxiii, rule 3, cpc. though there is no discussion, this court has acted .....

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Aug 26 2009 (HC)

Chekkala Narayana Rao Vs. Grandhi Atchutarama Rao and anr.

Court : Andhra Pradesh

Decided on : Aug-26-2009

Reported in : 2010(1)ALT378

..... relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent.12. 'charge', on the other hand, is a burden created on an item of immovable property, either by act of parties, or by operation of law, for payment of money, to ..... claims. section 3 of the act 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 of movable property, or to any beneficial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the civil courts recognize as affording grounds for ..... , the decree that was drafted in favour of the petitioner, as though it was a suit for mortgage, was defective. the trial court corrected the mistake committed by it. the order under revision does not warrant interference.17. the civil revision petition is accordingly dismissed. it is, however, left open to the petitioner to recover the suit amount by instituting execution proceedings ..... orderl. narasimha reddy, j.1. the petitioner filed o.s. no. 39 of 1999 in the court of i additional senior civil judge, at kakinada, against the 1st respondent, for recovery of money. he has also prayed that a charge be created on an item of immovable property. the 2nd respondent got .....

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May 21 2009 (HC)

N.K. Gram Udyog Mandal and ors. Vs. Meghi Devi and ors.

Court : Punjab and Haryana

Decided on : May-21-2009

Reported in : (2009)155PLR648

..... application filed by defendant no. 3:8. whether the present suit cannot be instituted without notice under the co-operative societies act? opd9. whether the matter under co-operative societies act is liable to be referred to the arbitrator? opd10. whether the civil court has got no jurisdiction to entertain the present suit? opd11. relief.8. on appreciation of the oral as well as ..... in support of his submissions.12. mr. goel, counsel appearing for respondent no. 1 vehemently controverted the aforesaid submission and referred to a single bench judgment of this court in m/s amin chand shiv sharam dass v. the nalagarh co-operative transport society ltd. 1981 p.l.j. 471 to contend that this was not a case which can be termed ..... suit for recovery against a society in such a situation. section 79 of the punjab co-operative societies act, 1961 (in short '1961 act') which is pari materia to the aforesaid provision came up for consideration before the single bench of this court in m/s amin chand saran boss's case (supra) wherein the society which was engaged in the business of motor ..... transport carrying passengers had failed to return an amount of rs. 980/- to the plaintiff therein, it was observed by this court as under:6. a division bench of this court in the jullundur central co .....

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