The Bombay Civil Courts Act, 1869

THE BOMBAY CIVIL COURTS’ ACT, 1869

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Section 2 — [Repealed.]. PART II

Section 4 — Position of Sadr station. PART III

Section 11 — Seal of District Judge. PART IV

Section 13 — Enactments applying to District Judge to apply to Joint Judge. Joint Judge’s seal. PART V

Section 20 — Assistant Judge to use seal of District Judge. PART VI

THE BOMBAY CIVIL COURTS’ ACT, 1869 _________ ARRANGEMENT OF SECTIONS ________ Preamble. PART II.—Districts and Sadr Stations. Alteration and creation of Districts. Original jurisdiction of District Judge. Enactments applying to District Judge to apply to Joint Judge. Number of Subordinate Civil Courts.

SECTIONS

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Section 37 — Temporary vacancy of office of Subordinate Judge. PART VIII

Section 40 — Power to appoint Clerks of the Courts. PART IX

Appellate jurisdiction of Subordinate Judge of first class. Power to invest Subordinate Judges with small cause powers. Commission of enquiry into alleged misconduct. Suspension of Subordinate Judges by High Court or District Judge. Saving of power of Government to suspend or dismiss. Temporary vacancy of office of District Judge.

THE BOMBAY CIVIL COURTS’ ACT, 1869

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Section 1 — Short title. Extent of Act

Section 3 — Alteration and creation of Districts

Section 5 — District Judges

Section 6 — Situation of District Court

Section 7 — Original jurisdiction of District Judge

Section 8 — His appellate jurisdiction

Section 9 — Control and inspection of Courts

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. Preamble.—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.—Preliminary. Extent of Act.—This Act may be called “The Bombay Civil Courts’ Act, 1869,” and extends only to the territories (other than Sind) under the Government of the Governor of Bombay in Council in which the Code of Civil Procedure is now in force. But the Governor of Bombay in Council may, by notification in the Government Gazette, extend this Act to any other of the territories under such Government in which the said Code is not in force, or to Sind. 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.

10. Writs and orders. Reports and returns.—The District Judge shall obey all writs, orders, or

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Section 10 — Writs and orders. Reports and returns

Section 12 — Power to appoint Joint Judges

Section 14 — Power to appoint Assistant Judges

Section 15 — Situation of Assistant Judge’s Court

Section 16 — Original jurisdiction of Assistant Judge

Section 17 — Appellate jurisdiction of Assistant Judge

Reports and returns.—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 Court as the exigencies of the case require. He shall further furnish such reports and returns and copies of proceedings as may be called for by the High Court or the Governor of Bombay in Council. Seal of District Judge.—The District Judge shall use a circular seal two inches in diameter, which shall bear thereon the. Where the Assistant Judge’s decrees and orders in such cases are appealable, the appeal shall lie to the District Judge or to the High Court according as the amount or value of the subject-matter does not exceed or exceeds five thousand rupees. XX of 1864 (for making better provision for the care of the persons and property of minors in the Presidency of Bombay), and shall forward it with his opinion thereon for the final orders of the District Judge. Appellate jurisdiction of Assistant Judge.—The Governor of Bombay in Council may, by notification in the Government Gazette, empower any Assistant Judge to try such appeals from the decrees and orders of the subordinate Courts as would lie to the District Judge and as may be referred by him to the Assistant Judge.

Decrees and orders passed under this section by an Assistant Judge shall have the same force and

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Section 18 — Continuance of Assistant Judge’s appellate jurisdiction

Section 19 — Power to invest Assistant Judge with powers of District Judge

Section 21 — Number of Subordinate Civil Courts

Section 22 — Appointment of Subordinate Judges

Section 22A — Power to fix local limits of jurisdiction of Subordinate Judges

Section 23 — Situation of Subordinate Courts

Decrees and orders passed under this section by an Assistant Judge shall have the same force and shall be subject to the same rules as regards procedure and appeals as decrees and orders passed by the District Judge. Continuance of Assistant Judge’s appellate jurisdiction.—A person filling the office of Assistant Judge, on whom the power of hearing appeals has once been conferred under section seventeen, shall continue to have this power so long and so often as he may fill the office of Assistant Judge, without reference to the District in which he may be employed; provided that the Governor of Bombay in Council may, by notification in the Government Gazette, at any time withdraw such power. Power to invest Assistant Judge with powers of District Judge.—The Governor of Bombay in Council may, by notification in the Government Gazette, invest an Assistant Judge with all or any of the powers of a District Judge within a particular part of a District, and may, by like notification, from time to time determine and alter the limits of such Part. The jurisdiction of an Assistant Judge so invested shall pro tanto exclude the jurisdiction of the District Judge from within the said limits. Every Assistant Judge so invested shall ordinarily hold his Court at such place within the local limits of his jurisdiction as may be determined by the Governor of Bombay in Council, and may, with the previous sanction of the High Court, hold it at any other place within such limits. Assistant Judge to use seal of District Judge.—Every Assistant Judge shall use the seal of the District Judge to whom he is Assistant.

24. Classes of Subordinate Judges.—The Subordinate Judges shall be of two classes.

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Section 24 — Classes of Subordinate Judges.—The Subordinate Judges shall be of two classes. Jurisdiction of Subordinate Judge of first class

Section 25 — Special jurisdiction of Subordinate Judge of first class

Section 26 — Appeals from his decision

Section 27 — Appellate jurisdiction of Subordinate Judge of first class

Section 28 — Power to invest Subordinate Judges with small cause powers

Section 29 — Seal of Subordinate Judge

Section 30 — [First Subordinate Judges of first class]

Section 31 — [Pending proceedings]

Section 32 — Reference of Government suits

Classes of Subordinate Judges.—The Subordinate Judges shall be of two classes. Jurisdiction of Subordinate Judge of first class.—The jurisdiction of a Subordinate Judge of the first class extends to all original suits and proceedings of a civil nature. Jurisdiction of Subordinate Judge of second class.—The jurisdiction of a Subordinate Judge of the second class extends to all original suits and proceedings of a civil nature wherein the subject-matter does not exceed in amount or value five thousand rupees. Special jurisdiction of Subordinate Judge of first class.—A Subordinate Judge of the first class, in addition to his ordinary jurisdiction, shall exercise a special jurisdiction in respect of such suits and proceedings of a civil nature wherein the subject-matter exceeds five thousand rupees in amount or value as may arise within the local jurisdictions of the Courts in the District presided over by Subordinate Judges of the second class. Power to invest Subordinate Judges with small cause powers.—The Governor of Bombay in Council may invest, within such local limits as he shall from time to time appoint, any Subordinate Judge of the first class with the jurisdiction of a Judge of a Court of Small Causes, for the trial of suits cognizable by such Courts up to the amount of five hundred rupees, and any Subordinate Judge of the second class with the same jurisdiction up to the amount of fifty rupees. Seal of Subordinate Judge.—Each Subordinate Judge shall use a seal one inch and a half in diameter, bearing the Royal Crown with the following inscription in English and the principal language of the District—“Subordinate Judge of .” 30. [First Subordinate Judges of first class].—Rep. by the Obsolete Enactments Act, 1876 (12 of 1876), s.

section.

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Section 33 — Commission of enquiry into alleged misconduct

Section 34 — Suspension of Subordinate Judges by High Court or District Judge

Section 35 — Temporary vacancy of office of District Judge

Section 36 — Delegation of powers of District Judge

1 [Provided that nothing in this section shall be deemed to apply to any suit merely because— (a) a municipal corporation constituted under Bombay Act No. VI of 1873, or any other enactment for the time being in force, is a party to such suit and an officer of Government is in his official capacity a member of such corporation, or (b) an officer of a Court appointed under the Code of Civil Procedure, section 456, last paragraph, 2 *** a party to such suit.] Removal or suspension. Commission of enquiry into alleged misconduct.—Whenever the High Court is of opinion that there are good grounds for making a formal and public enquiry into the truth of any imputation of misconduct by any Subordinate Judge, the High Court may appoint a Commissioner or Commissioners for the purpose of holding such an enquiry, and on the receipt of his or their report may order that the Subordinate Judge be removed or suspended from office, or reduced to a lower class. XXXVII of 1850 (for regulating enquiries into the behaviour of public servants) shall apply to enquiries under this section, the powers conferred by that Act on the Government being exercised by the High Court. Suspension of Subordinate Judges by High Court or District Judge.—The High Court may suspend any Subordinate Judge from office pending the result of an enquiry into his behaviour under this section. Any District Judge may, whenever he sees urgent necessity for so doing, suspend from office any Subordinate Judge under his control.

PART VIII.—Ministerial Officers.

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Section 38 — Appointment, etc., of ministerial officers

Section 39 — Duties of ministerial officers

Section 41 — Rules for keeping proceedings

Section 42 — Fees for process

Section 43 — Sittings of Courts

Appointment, etc., of ministerial officers.—All ministerial officers of the Civil Courts in each District shall be appointed, and may be fined, suspended or dismissed by the District Judge, subject to such rules as the High Court may from time to time prescribe: Provided that the Judge of every Subordinate Court may, subject to the like rules, appoint the ministerial officers of such Court, whose salaries do not exceed rupees ten per mensem, and may by order find, suspend or dismiss any ministerial officer of such Court who is guilty of any misconduct or neglect in the performance of the duties of his office. Every such order shall be subject to appeal to the District Judge; and the roles for the time being applicable to appeals to the Court of Session from orders of the Criminal Courts subordinate thereto, shall apply to all appeals under this section. Nothing in this section shall exempt the offender from any penal or other consequences to which he may be liable under any other law in force for the time being. Duties of ministerial officers.—The duties of the said ministerial officers shall be regulated by such rules as the High Court may from time to time prescribe. Power to appoint Clerks of the Courts.—The Governor of Bombay in Council may, under the general control of the Governor General of India in Council, appoint to any Civil Court under this Act a Clerk of the Court who, in addition to such duties as may from time to time be prescribed by the High Court, may receive and register plaints, and shall refer such as he may consider should be refused for the orders of the Judge of the Court, and may sign all processes, and authenticate copies of papers. Rules for keeping proceedings.—The proceedings of each Civil Court shall be kept and recorded according to such rules as the High Court may from time to time prescribe.