Act Description : THE BOMBAY CITY CIVIL COURT ACT, 1948
Act Details :-
THE BOMBAY CITY CIVIL COURT ACT, 1948
Bombay Act No. XL of 19481
(10th May 1948)
(Assented to by the Governor General)
For Statement of Objects and Reasons, See Bombay Government Gazette, 1948, Part V, page 7.
Savings: The amendments made by this Act in any of the Acts aforesaid shall not have any of the Acts aforesaid shall not have any effect in respect of and apply to any suits, appeals or other proceedings of a civil nature filed and pending before any Court on the date of commencement of this Act, and such proceedings shall be continued and disposed of by that Court, as if this Act had not been passed; and any appeal, revision application or other proceedings of a civil nature in respect of any decree or order passed by any Court before the date of commencement of this Act shall be filed before and heard and disposed of by the Court competent to entertain such, proceedings before such commencement, as if this Act had not been passed."
416th August 1948 [vide G.N., H D., No. 2346/5-(7), dated 14th August 1948).
5 The word "State" was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
An Act to establish an additional Civil Court for Greater Bombay
WHEREAS it is expedient to establish an additional Civil Court for the Greater Bombay; it is hereby enacted as follows:
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1) This Act may be called the Bombay City Civil Court Act, 1948.
(2) It shall come into force on such date' as the '[State] Government may, by notification in the official Gazette, appoint in this behalf
SECTION 02: DEFINITIONS
In this Act unless there is anything repugnant in the subject or context,-
(1) "City Court" means the Court established under section 3;
(2) "High Court" means the High Court of Judicature at Bombay;
(3) "Institution fee" means the court- fee payable in respect of the plaint or application by which a suit or proceeding is instituted;
(4) "Small Cause Court" means the Court of Small Causes of Bombay;
(5) "Special law" means a law applicable to a particular subject.
SECTION 03: CONSTITUTION OF CITY COURT
The 1[State] Government may by notification in the Official Gazette, establish for the Greater Bombay a court, to be called the Bombay City Civil Court. Notwithstanding anything contained in any law, such court shall have jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature not exceeding 2[Fifty thousand rupees] in value, and arising within the Greater Bombay, except suits or proceedings which are cognizable---
(a) by the High Court as a Court of Admiralty or Vice-Admiralty or as a Colonial Court of Admiralty, or as a Court having testamentary, intestate or matrimonial Jurisdiction, or
(b) by the High Court for the relief of insolvent debtors, or
(c) by the High Court under any special law other than the letters Patent; or
(d) by the Small Cause Court:
Provided that the 1[State] Government may, from time to time, after consultation with the High Court, by a like notification extend the jurisdiction of the City Court to any suits or proceedings 3[which are cognizable by the High Court as a court having testamentary or intestate jurisdiction or for the relief of insolvent debtors]
SECTION 04: [Power of 1[State] Government to enhance jurisdiction of City Court.] Deleted by Mah. 46 of 1977, s. 3.
SECTION 04A: 4[POWER OF HIGH COURT TO TRANSFER MATRIMONIAL CASES TO CITY COURT.
(1) Notwithstanding anything contained in any law for the time being in force, the
High Court may at any stage transfer to the City Court any suit or proceeding which is cognizable by it as a Court having matrimonial jurisdiction and instituted in such court.
(2) Any suit or proceeding so transferred shall be heard and disposed of by the City
Court and the City Court shall have all the powers and jurisdiction in respect thereof as if it had been originally instituted in that Court.
(3) In any such suit or proceeding institution fees shall be paid, credit being given to any court fee levied in the High Court and cost incurred in-the High Court till the date of transfer shall be assessed by the City Court in such manner as the 5[State] Government may, after consultation with the High Court, determine by rules.]
SECTION 05: SUBORDINATION TO AND SUPERINTENDENCE BY HIGH COURT
The City Court shall be deemed to be a court subordinate to and subject to the superintendence of the High Court within the meaning of the Letters Patent of the High,, Court and of the Code of Civil Procedure, 1908.
SECTION 06: APPOINTMENT OF JUDGES
The 1[State] Government may, by notification in the Official Gazette, appoint as many as it thinks fit to be Judges of the City Court.
SECTION 07: POWERS OF JUDGES WHEN CITY COURT CONSISTS OF MORE THAN ONE JUDGE
When the City Court consists of more than one Judge
(a) each of the Judges may exercise all or any of the powers conferred on t e Court by this Act or any other law for the time being in force:
(b) the 1[State] Government may appoint any one of the Judges to be the Judge 2[and any two other Judges to be called the additional principal Judge]
(c) the principal Judge may from time to time make such arrangements as h may think fit for the distribution of the business of the court among the various Judge thereof;
3[(d) 4[any additional principal Judge] may exercise all or any of the powers conferred on the principal Judge by this Act or any other law for the time being in force, as the High Court may, from time to time, direct.]
SECTION 08: 5[REGISTRARS]
(1) The 1[State] Government may appoint an officer to be called the Registrar of City Court. He shall be the chief ministerial officer of the Court; and shall exercise such powers and discharge such duties of a ministerial nature as the Judge of the City Court, when the, court consists of more than one Judge, the principal Judge may, from time to time by rules, direct. 6(The State Government may also appoint 7[two officers to be called additional Registrars] of the City Court. 8[Any additional Registrar] shall exercise all or of the powers and discharge all or any of the duties of the Registrar as the principal Judge may, from time to time, by rules, direct.]
(2) The 1[State] Government may, with the previous approval of the High Co invest the Registrar and 9[any additional Registrar] 10[with all or any of the following powers of the Judge of the City Court, namely
1 The word "State" was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2 The words were substituted for the word "and any other Judge to be the additional principal Judge" by Mah. 15 of 1979, s 2
3Clause (d) was added by Mah. 29 of 1968, s 2(b).
4 These words were substituted for the words "the additional principal Judge" by Mah. 15 of 1979, s 2(b).
5 These word was substituted for the word "Registrar" by Mah. 29 of 1968, s 3(c).
6 This portion was added by Mah. 29 of 1968, s 3(a).
7 These words were substituted for the words "an officer to be called the additional Registrar" by Mah. 15 of 1979, s 3
8 The words "Any addtional Registrar"were substituted for the words "The additional Registrar", by Mah. 15 of 1979, s 3 (a) (ii),
9 The words "any additional Registrar" were substituted for the words "the additional Registrar", by Mah. 15 of 1979, s 3
10 This portion was substituted for the words "with any powers of the Judge of the City Court other than powers of trying and proceedings" by Mah. 14 of 1968, s 2.
(a) the power to hear and dispose of all applications for permission to sue or defend as paupers or for dispaupering plaintiffs or defendants permitted to sue or defend as paupers;
(b) the power to hear and dispose of all interlocutory applications or matters necessary for the progress of any suit or other proceedings;
(c) the power to hear and dispose of all applications for execution of decrees (but in the case of any application referred to in rule 22 of Order XXI in the Fist Schedule to the Code of Civil Procedure, 1908, only when the person to whom the notice there under is served does not appear or offer any objection to the execution);
(d) the other powers of the said Judge, not being powers of trying suits and proceedings.]
SECTION 09: QUESTIONS ARISING IN SUITS, ETC., UNDER ACT TO BE DEALT WITH ACCORDING TO LAW ADMINISTERED BY HIGH COURT
Save as otherwise provided in this Act all questions which arise in suits or other proceedings under this Act in the City Court shall be dealt with and determined according to the law for the time being administered by the High Court in the exercise of its ordinary original civil jurisdiction.
SECTION 10: FEES FOR PROCESS
(1) The High Court shall, from time to time, with the santion of the 1[State] Government prescribe and regulate the fees to be taken for any process issued by the City Court or by any officer of such court.
(2) Table of the fees so prescribed shall be published in the Official Gazette.
SECTION 11: [Repayment of institution fee under certain circumstances.] Deleted by Mah. 15 of - 1968, s 3].
SECTION 12: HIGH COURT JURISDICTION BARRED EXCEPT IN CERTAIN CASES
Notwithstanding anything contained in any law, the High Court shall not have jurisdiction to try suits and proceedings cognizable by the City Court
Provided that the High Court may, for any special reason, and at any stage remove for trial by itself any suit or proceeding from the City Court.
SECTION 13: COSTS TO BE DISALLOWED WHEN PLAINTIFF SUES IN HIGH COURT INSTEAD OF IN CITY COURT
If in any suit instituted in the High Court the Judge who tries it is of the opinion that it ought to have been instituted in the City Court and in such suit
(a) if the plaintiff does not obtain a decree, the defendant shall be entitled to his costs ,as between attorney and client; or
(b) if the plaintiff obtains a decree for any matter of an amount or value less than the maximum amount of the pecuniary jurisdiction of the City Court, no costs shall be allowed to the plaintiff.
1 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
SECTION 14: ALLOWANCE FOR FEES PAID IN CITY COURT IN CASES REMOVED TO HIGH COURT.
When any suit or proceeding is removed for trial to the High Court from the City Court under section 12-
(a) it shall be heard and disposed of by the High Court in the exercise of its original civil jurisdiction and the said Court shall have all the powers and jurisdiction in respect thereof as if it had been originally instituted in such Court;
(b) court fee on the scale for the time being in force in the High Court as a court of original civil jurisdiction shall be payable in that court in respect of the suit or proceeding therein:
Provided that in the levy of any such fee which, according to the practice of the court, is credited to the 1[State] Government, credit shall be given for the institution fee already paid in the City Court
SECTION 15: APPEALS AND LIMITATION
(1) An appeal shall lie to the High Court from
(a) every decree passed by the Judge of the City Court, and
(b) such orders passed by the said Judge as are specified in and to the extent provided for by section 104 of the Code of Civil Procedure, 1908.
(2) The period of limitation for an appeal from a decree or order of the City Court shall be thirty days from the day of such decree or order:
2 [Provided that the High Court may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period.]
SECTION 16: SEAL OF CITY COURT
The City Court shall use a seal of such from and dimensions as may be for the time being prescribed by the 1[State] Government.
SECTION 17: HOLIDAYS AND VACATIONS
(1) The Judge of the City Court, or when the Court consists of more than one Judge, the principal Judge, shall, at the commencement of each year, draw up a list of holidays and vacations to be observed in the court, and shall submit the same for the approval of the High Court.
(2) Such list, when it has received such approval, shall be published in the Official Gazette, and the said holidays and vacations shall be observed accordingly.
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I This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2This proviso was inserted by Bom. 32 of 1954, s 3.
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SECTION 18: TRANSFER OF SUITS PENDING IN HIGH COURT
(1) All suits and proceedings cognizable by the City Court and pending in the High Court, in which issues have not been settled or evidence has not been recorded on or before the date of the coming into force of this Act, shall be transferred to the City Court and shall be heard and disposed of by the City Court and the City Court shall have all the powers and jurisdiction thereof as if they had been originally instituted in that Court.
(2) In any suit or proceeding to transferred institution fee shall be paid, credit being given to any court fee levied in the High Court, and costs incurred in the High Court till the date of the transfer shall be assessed by the City Court in such manner as the 1[State] Government may, after consultation with the High Court, determine by rules.
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1 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
