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BOMBAY CIVIL COURTS ACT

Ministry of Law and Justice

Act nº 14 of 1869


  • Part I
  • Part II
  • Part III
  • Part IV. Joint District Judges
  • Part V. Additional District Judges
  • Part VI
  • Part VII
  • Part VIII
  • Part IX
  • Schedules
  • Act nº 14 of 1869

Preamble

THE BOMBAY CIVIL COURTS ACT, 1869

[Act, No. 14 of 1869]

[19th March, 1869]

PREAMBLE

An Act to consolidate and amend the law relating to the District and Subordinate Civil Courts in the Presidency of Bombay.

WHEREAS It is expedient to consolidate and amend the law relating to the district and other Subordinate Civil Courts in the Presidency of Bombay. It is hereby enacted as follows:--

Part I

Section 1. Short title and extent

(1)This Act may be called The Bombay Civil Courts Act, 1869.

(2) It extends to the whole of the State of Maharashtra.

Section 2. Repeal of enactments

Repealed by the Repealing Act, 1870 (14 of 1870).

1. Substituted for the words "State of Bombay" by Maha. A.L.O., 1960 (1-5-1960).


Part II

Section 3. Alteration and creation of Districts

The State Government may, from time to lime by a notification in the Official Gazette, alter the limits of existing zilas (which shall hereafter be called districts) and create new districts for the purposes of this Act.

Section 4. Position of sadr station

The State Government may also from time to time, by a notification in the Official Gazette, alter the position of the sadr station in any district, and fix the position of the sadr station in any new district.

Part III

Section 5. District Judges

There shall be in each district a District Court presided over by a Judge to be called the District Judge.

Section 6. Situation of District Court

The District Judge shall ordinarily hold the District Court at the sadr station in his district, but may, with the previous sanction of the High Court, hold it elsewhere within the district.

Section 7. Original jurisdiction of District Court

The District Court shall be the principal Court of original civil jurisdiction in the district, within the meaning of the Code of Civil Procedure.

Section 8. Appellate jurisdiction of District Court

Except as provided in sections 16, 17 and 26, the District Court shall be the Court of Appeal from all decrees and orders passed by the subordinate Courts from which an appeal lies under any law for the time being in force.

Section 9. Control and inspection of Courts

The District Judge shall have general control over all the Civil Courts and their establishments within the district, and it shall be his duty to inspect, or to cause one of his assistants to inspect, the proceedings of all the courts subordinate to him, and to give such directions with respect to matters not provided for by law as he may think necessary.

The District Judge shall also refer to the High Court all such matters as appear to him to require that a rule of that Court should be made thereon.

Section 10. Writs and orders

The District Judge shall obey all writs, orders or processes issued to him by the High Court, and shall make such returns or reports thereto under his signature and the seal of the Courts as the exigencies of the case require.

Reports and returns.- He shall further furnish such reports and returns and copies of proceedings as may be called for by the High Court or the State Government.

Section 11. Seal of District Judge

The District Judge shall use a circular seal, two inches in diameter, which shall bear thereon1[the Asoka Capital Motif,] with the following inscription in English and the principal language of the district: -- "District Court of.........."



1 . Sub stituted for the words 'Royal Arms" by Bom Act 22 of 1949, Section 3 .