Section 15 of C.P.C. is relevant for territorial jurisdiction of civil court
# - Every civil suit shall be instituted in the court of the lowest grade
- Territorial jurisdiction of civil court is determined as per S.22A /25 of Maharashtra (Bombay) Civil Courts Act 1869.
-Along with territorial jurisdiction of civil court we shall take in consideration the pecuniary jurisdiction of civil court while filling civil suit.
- Pecuniary jurisdiction of civil court is determined as per S. 24 of Maharashtra Civil Courts Act. As per it Civil Judge Junior Division have jurisdiction of all civil suits/proceedings of civil nature wherein the value of subject matter does not exceed 500000=00 (Five lakh rupees) and up to the sky is the pecuniary limit of Civil Judge Senior Division.
- As per S. 32 of Maharashtra Civil Courts Act only Civil Court Senior Division have jurisdiction to entertain suit against Crown /Government /Officer of Government in their official capacity are party. But suit against local authorities /bodies like Grampanchayat/Zilla Parishad/Panchayat Sasmit /Nagarpanchayat/MSEB/MSRTC be filled in Civil Judge Junior Division subject to pecuniary jurisdiction of court.
- As per S. 28A of Maharashtra Civil Courts Act as well as S. 262/371 of Indian Succession Act 1925 powe of district court is delegated in Civil Court subject to pecuniary jurisdiction.
- As per Chapter XIV (14) of Civil Manual application for Succession /heirship certificate under succession /heirship act be filled in Civil Judge Junior/Senior Division subject to pecuniary jurisdiction
- As per above chapter XIV of civil manual contested application under Indian Succession Act be decided by Civil Judge Senior Division.
- As per Notification dated 10-03-1998 published in Maharashtra Govt. Gazette dated 18-06-1998,Part 4-C, page 1153 under Order 37 Rule 1 of C. P. C. all the courts in the state having jurisdiction of Summary Suit subject to pecuniary jurisdiction.
- As per S. 19 of Hindu Marriage Act 1955 and notification ever petition under the said act be filled in Civil Judge Senior Division.
- But suit for Divorce /Restitution /Judicial Separation under Mohammedan Law be filled in Civil Judge Junior Division.
- As per S. 31 of Special Marriage Act 1954 all petition under the said act be filled in District Court.
- As per S. 9 of Guardian and Wards Act 1890 all applications under the said act be filled in District Court.
.......................................................................................................................................................Please Comment and give Suggestions...
- Territorial jurisdiction of civil court is determined as per S.22A /25 of Maharashtra (Bombay) Civil Courts Act 1869.
-Along with territorial jurisdiction of civil court we shall take in consideration the pecuniary jurisdiction of civil court while filling civil suit.
- Pecuniary jurisdiction of civil court is determined as per S. 24 of Maharashtra Civil Courts Act. As per it Civil Judge Junior Division have jurisdiction of all civil suits/proceedings of civil nature wherein the value of subject matter does not exceed 500000=00 (Five lakh rupees) and up to the sky is the pecuniary limit of Civil Judge Senior Division.
- As per S. 32 of Maharashtra Civil Courts Act only Civil Court Senior Division have jurisdiction to entertain suit against Crown /Government /Officer of Government in their official capacity are party. But suit against local authorities /bodies like Grampanchayat/Zilla Parishad/Panchayat Sasmit /Nagarpanchayat/MSEB/MSRTC be filled in Civil Judge Junior Division subject to pecuniary jurisdiction of court.
- As per S. 28A of Maharashtra Civil Courts Act as well as S. 262/371 of Indian Succession Act 1925 powe of district court is delegated in Civil Court subject to pecuniary jurisdiction.
- As per Chapter XIV (14) of Civil Manual application for Succession /heirship certificate under succession /heirship act be filled in Civil Judge Junior/Senior Division subject to pecuniary jurisdiction
- As per above chapter XIV of civil manual contested application under Indian Succession Act be decided by Civil Judge Senior Division.
- As per Notification dated 10-03-1998 published in Maharashtra Govt. Gazette dated 18-06-1998,Part 4-C, page 1153 under Order 37 Rule 1 of C. P. C. all the courts in the state having jurisdiction of Summary Suit subject to pecuniary jurisdiction.
- As per S. 19 of Hindu Marriage Act 1955 and notification ever petition under the said act be filled in Civil Judge Senior Division.
- But suit for Divorce /Restitution /Judicial Separation under Mohammedan Law be filled in Civil Judge Junior Division.
- As per S. 31 of Special Marriage Act 1954 all petition under the said act be filled in District Court.
- As per S. 9 of Guardian and Wards Act 1890 all applications under the said act be filled in District Court.
.......................................................................................................................................................Please Comment and give Suggestions...
No comments:
Post a Comment