Search Results on notification for query: "Establishment of Civil Judge Senior Division Court at Malkapur, District Buldhana"
Related Section(s)In this Act, unless the context otherwise requires,
(a) the expressions "custom" and "usage" signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy; and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family; (b) "district court" means, in any area for which there is a city civil court, that court, and in any other area the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act; (c) "full blood" and "half blood"— two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives; (d) "uterine blood"—two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands; Explanation.—In clauses (c) and (d), "ancestor" includes the father and "ancestress" the mother; (e) "prescribed" means prescribed by rules made under this Act; (f) (i) "sapinda relationship" with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation; (ii) two persons are said to be sapindas of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them; (g) "degrees of prohibited relationship"two persons are said to be within the "degrees of prohibited relationship" (i) if one is a lineal ascendant of the other; or (ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or (iii) if one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother of the other; or (iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters; Explanation.—For the purposes of clauses (f) and (g), relationship includes— (i) relationship by half or uterine blood as well as by full blood; (ii) illegitimate blood relationship as well as legitimate; (iii) relationship by adoption as well as by blood; and all terms of relationship in those clauses shall be construed accordingly | ||||||||||||||||
Related Section(s)1[22A. Power to fix local limits of Jurisdiction of 2[Civil Judges].- The 3[ 4[State] Government] may, by notification in the Official Gazette, fix, and, by a like notification, from time to time, alter the local limits of the ordinary jurisdiction of the 5[Civil Judges].
1 Section 22A was inserted by section 2 of the Bombay Civil Courts Act, 1880 (9 of 1880).
2 The words "Civil Judges" were substituted for the words "Subordinate Judges" by s. 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s.3. 3 The words "Provincial Government" were substituted for the words "Governor of Bombay in Council" by the Adaptation of Indian Laws Order in Council. 4 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 5 The words "Civil Judges" were substituted for the words "Subordinate Judges" by s. 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s.3. @centre1@1[CIVIL JUDGES]@/centre1@
21. Number of subordinate civil court.- There shall be in each district so many Civil Courts subordinate to the District Court as the 2[ 3[State] Government], 4[* * *] shall from time to time direct : 5[Provided that for special reasons it shall be lawful for the 6[ 7[State] Government], at any time to close temporarily any such Subordinate Court].
1 The heading "Civil Judges" was substituted for the heading "Subordinate Judges" by s. 2 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
2 The words "Provincial Government" were substituted for the words "Governor of Bombay in Council" by the Adaptation of Indian Laws Order in Council. 3 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 4 The words "acting under the general control of the Governor-General of India in Council" were omitted by the Adaptation of Indian Laws Order in Council. 5 This proviso was inserted by section 3 of the Bombay Civil Courts (Amendment) Act, 1900 (Bom. I of 1900). 6 The words "Provincial Government" were substituted for the words "Governor of Bombay in Council" by the Adaptation of Indian Laws Order in Council. 7 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. The 1[Civil Judges] shall hold their Courts at such place or places as the 2[ 3[State] Government] may from time to time appoint within the local limits of their respective jurisdiction :
4[Provided that for special reasons it shall be lawful for the 5[ 6[State] Government] to order that a 7[Civil Judge] shall hold his Court at a place outside the local limits of his jurisdiction.] Wherever more than one such place is appointed, the District Judge shall, subject to the control of the High Court, fix the days on which the 8[Civil Judge] shall hold his Court at each of such places, and the 9[Civil Judge] shall cause such days to be duly notified throughout the local limits of his jurisdiction. The same person may be the Judge of more than one subordinate Court 10[and may dispose of the civil business of any one of his Courts at the headquarters of any other of his Court]; and in such cases the District Judge shall, subject to the control of the High Court, prescribe rules for regulating the time during which the 11[Civil Judge] shall sit in each Court. Appointment of Joint 12[Civil Judges].- 13[For the purpose of assisting the Judge of any subordinate Court in the disposal of the civil business on his file, 14[the High Court may appoint to such Court from the members of the Subordinate Civil Judicial Service of the 15[State]] one or more Joint 16[Civil Judges], or the District Judge may, with the previous sanction of the High Court, depute to such Court the Judge of another subordinate Court within the district. A 17[Civil Judge] thus appointed or deputed to assist in the Court of another 18[Civil Judge] shall dispose of such civil business within the limits of his pecuniary jurisdiction as may, subject to the control of the District Judge, be referred to him by Judge of such Court. 19[He may also dispose of the Civil business of his Court at the place of his deputation subject to the general or special orders of the High Court in this behalf.] Provisions applicable to Joint 20[Civil Judges].- For the purpose of this section the provisions of the Act applicable to 21[Civil Judges] shall be and shall be deemed always to have been applicable to Joint 22[Civil Judges] : Provided that no such Joint 23[Civil Judge] shall hear and determine any suit instituted under section 4 of the Dekkhan Agriculturists Relief Act, 1879, unless the value of the said suit falls within the limits of the pecuniary jurisdiction conferred on him by that Act.]
1 The words "Civil Judges" were substituted for the words "Subordinate Judges" by s. 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s.3.
2 The words "Provincial Government" were substituted for the words Governor of Bombay in Council by the Adaptation of Indian Laws Order in Council. 3 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 4 This proviso was inserted by section 4 of the Bombay Civil Courts (Amendment) Act, 1900 (Bom. 1 of 1900). 5 The words "Provincial Government" were substituted for the words "Governor of Bombay in Council" by the Adaptation of Indian Laws Order in Council. 6 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 7 The words "Civil Judge" were substituted for the words "Subordinate Judge" by s. 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3. 8 The words "Civil Judge" were substituted for the words "Subordinate Judge" by s. 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3. 9 The words "Civil Judge" were substituted for the words "Subordinate Judge" by s. 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3. 10 The words "and may dispose of the Civil business of any one of his Court at the headquarters of any other of his Courts" were inserted by section 2(1) of Bom. 7 of 1930. 11 The words "Civil Judge" were substituted for the words "Subordinate Judge" by s. 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3. 12 The words "Civil Judge" were substituted for the words "Subordinate Judge" by s. 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3. 13 These two paragraphs were substituted for the original last paragraph of section 23 by Bom. 1 of 1900, s. 4. The original paragraph was as follows :- "The Judge of any subordinate Court may, with the previous sanction of the High Court, be deputed by the District Judge to the Court of another Subordinate Judge for the purpose of assisting him in the disposal of the suits on his file.". 14 The words "the High Court may appoint to such Court from the members of the Subordinate Civil Judicial Service of the Province" were substituted for the words "the Governor of Bombay in Council may appoint to such Court" by the Adaptation of Indian Laws Order in Council. 15 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 16 The words "Civil Judges" were substituted for the words "Subordinate Judges" by s. 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3. 17 The words "Civil Judge" were substituted for the words "Subordinate Judge" by s. 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3. 18 The words "Civil Judge" were substituted for the words "Subordinate Judge" by s. 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3. 19 This sentence was added by section 2(2) of Bom. 7 of 1930. 20 The words "Civil Judges" were substituted for the words "Subordinate Judges" by s. 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3. 21 The words "Civil Judges" were substituted for the words "Subordinate Judges" by s. 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3. 22 The words "Civil Judges" were substituted for the words "Subordinate Judges" by s. 3 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3. 23 The words "Civil Judge" were substituted for the words "Subordinate Judge" by s. 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3. |
