Pecuniary-Jurisdiction-Civil-Court

 Pecuniary Jurisdiction - Civil-Court.

                             

- Basically the District Court shall be the principle court of original civil jurisdiction in the district, within the meaning of the C.P.C.

- The jurisdiction of the Civil Judge Junior Division extends to all suits and proceedings of a civil nature wherein the Subject-Matter does not exceed it's amount or value 5 lakh rupees.

- The jurisdiction of a Civil Judge Senior Division extends to all original suits and proceedings of a civil nature .( It means no pecuniary limit )

- But any suit against crown,any officer of the Government in his official capacity is party shall be presented , filed before Civil Judge Senior Division.

- In all civil suits decided by a Civil Judge of which the amount or value of subject-matter exceeds 1(One) Crore the appeal from his decision shall be to the High Court .( It means up to 1 Crore appeal lies to District Court).

== Relevant Provision= 

- Section 6 of C.P.C.

- Section 7 , 16 , 24 , 32 of The Maharashtra (Bombay) Civil Courts Act 1869.

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Indian Soldier Court Fee......!

Indian Soldier & Court Fee....!

                               

- Basically court fees in civil dispute levied as per Maharashtra (Bombay) Court Fees Act 1959.

- But as per provision of the above act the State Government from time to time by notification in official Gazette reduce or remite Court fees mentioned in  First and Second Schedule of the act.

- The Government of Maharashtra remite in the whole of the State of Maharashtra the court-fees payable in respect of any of documents of any of the kinds specified in the Schedule 1 & 2 annexed to the said act which are to be filled, exhibited or recorded in any Civil or Criminal Court by retired honourable discharged Indian Soldier or a member of his family.

- Indian Soldier means any person subject to the Army Act 1950,Air Force Act 1960,Navy Act 1957 , who is domiciled in the State of Maharashtra.

- Member of a family means a wife, child, father, mother, minor brother,or unmarried or windowed sister, wholly dependant on an Indian Soldier.

= Relevant Provision ==

- Section 46 of  The Maharashtra (Bombay) Court Fees Act 1959.

- Schedule 1 & 2 annexed to the said Act

- G.N.,R.&F.D.,NO.CTF.1771/8395-M-1,DATED 2 MARCH 1977.(M.G.,PT,IV-B,P.228)

== Relevant Judgement=

- Padamanab A. Panditrao LT Col (Retd) v/s Shrikrishna A. Panditarao 2013(3) M.L.J.468.

- Indian Soldier and Business v/s Shri Shrikrishna Ananta - Decided on 08-02-2013 by Bench R.M.Sawant - Writ Petition No.206/2013.

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Amendment - Applications-In - Suit/Application

Amendment Of Pleading - - Applications........!

                            

- All applications for amendment of pleading under Rule 17 of Order 6 of C.P.C.1908 , shall be Signed & Verified as required under Rule 14 and 15 of Rule 6 of C.P.C.,1908.

- All amendments shall be made as may be necessary for the purposes of determing the real questions in controversy between the parties.

- If leave to amend is grated be amend within the time limited for it by Court or if no  time is provided then within 14 days from the date of order.

- If defendant or opponent has not appeared through served with summons/notice & where in the opinion of the Court the amendment applied is material one , the court shall give notice of the application to the dependant/opponent before allowing the amendment.

== Relevant Provision=

- Section 141 of C.P.C.

- Order 6 Rule 14 & 15 of C.P.C.

- Order 6 Rule 17 & 18 of C.P.C.

- Chapter 5(V) of Civil Mannual Para 79.

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Other-Than -Subject-Matter .........Compromise - Decree

   Compromise - Decree - Other than Subject-Matter.....!

                             

- Basically by lawful agreement or compromise wholly or partly suit be adjusted and court may pass compromise decree wholly or partly.

- The lawful agreement or compromise be in writing and signed by parties to suit.

- In fact there is no bar / restrictio that lawful compromise be other than subject matter it means compromise may include other property which is not subject matter of the suit.

- In case of minor parties to suit without leave of court no guardian or next friend shall enter into any agreement or compromise .

- Also in case of minor the certificate of pleader (advocate) explaining that the agreement or compromise proposed is in his opinion for benefit of the minor is required.

- If any agreement or compromise entered into without the leave of the court so recorded shall be voidable against all parties other than the minor.

== Relevant Provision =

- Order 23 of C.P.C.

- Order 32 of C.P.C.

== Judgements =

- Star Construction and Transport Co.and others v/s The India Cements Ltd. A.I.R.2001 S.C.941=2001(1)Non.C.J.845=(2001)3SCC 351.

- Mathulla Verghese v/s Vijaya Rajaratnam 2001(1)All.M.R.373=2001(3) Bom C.R.205.

- Indrayani Foods Ltd v/s Pam-Pac Machines Pvt.Ltd.Mumbai 2012 (1) Mh.L.J.741.

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