THE BOMBAY CIVIL COURTS ACT, 1869
[Act, No. 14 of 1869]
[19th March, 1869]
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:--
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Repealed by the Repealing Act, 1870 (14 of 1870).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).|
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.
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 .