Bombay Civil Courts Act, 1869
No: 14 Dated: Mar, 19 1836
THE BOMBAY CIVIL COURTS’ ACT, 1869
ACT NO. 14 OF 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.
1. Short title. 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.
2. [Repeal of enactments].—Rep. by the Obsolete enactments Act, 1870 (14 of 1870), s. 1 and Schedule, Part II (w.e.f. 5-4-1870).
PART II.—Districts and Sadr Stations.
3. Alteration and creation of Districts.—The Governor of Bombay in Council may from time to time, by notification in the Government Gazette, alter the limits of existing Zilas (which. shall hereafter be called Districts) and create new Districts for the purposes of this Act.
4. Position of Sadr station.—The Governor of Bombay in Council may also from time to time, by notification in the Government Gazette, alter the position of the Sadr station in any District, and fix the position of the Sadr station in any new District.
PART III.—District Courts.
5. District Judges.—There shall be in each District a District Court presided over by a Judge to be called the District Judge. He shall be appointed by the Governor of Bombay in Council by whose authority only he shall be liable to be suspended or removed from his appointment.
6. Situation of District Court.—The District Judge shall ordinarily hold the District Court at the Sadr station in his District, but may, with the previous sanction of the High Court, hold it elsewhere within the District.
7. Original jurisdiction of District Judge.—The District Court shall be the principal Court of original civil jurisdiction in the District, within the meaning of the Code of Civil Procedure.
8. His appellate jurisdiction.—Except as provided in sections sixteen, seventeen and twenty-six, the District Court shall be the Court of Appeal from all decrees and orders passed by the Subordinate Courts from which an appeal lies under any law for the time being in force.
9. 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. The District Judge shall also refer to the High Court all such matters as appear to him to require that a rule of that Court should be made thereon.