{ "id": 3730, "slug": "bombay-civil-courts-act-1869", "title": "THE BOMBAY CIVIL COURTS' ACT, 1869", "short_title": "The Bombay Civil Courts Act, 1869", "act_number": "14", "act_year": 1869, "act_type": "CENTRAL", "location": "Bombay", "law_status": "valid", "enactment_date": "1869-03-19", "description": "The Bombay Civil Courts Act, 1869", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "An ACT", "chapter": null, "content": "An Act to consolidate and amend the law relating to the District and Subordinate Civil Courts in\nthe Presidency of Bombay.\nPreamble. Whereas it is expedient to consolidate and amend the law relating to the District and\nother subordinate Civil Courts in the Presidency of Bombay; It is hereby enacted as follows:-", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "CHAPTER I - PRELIMINARY", "chapter": "CHAPTER I", "content": "PART I. Preliminary.", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "1", "title": "Section 1. Short title and commencement", "chapter": null, "content": "1. Short title. Extent of Act. This Act may be called \"The Bombay Civil Courts Act, 1869,\" and\nextends only to the territories (other than Sind) under the Government of the Governor of Bombay in\nCouncil in which the Code of Civil Procedure is now in force. But the Governor of Bombay in Council\nmay, by notification in the Government Gazette, extend this Act to any other of the territories under such\nGovernment in which the said Code is not in force, or to Sind.", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "2", "title": "Section 2", "chapter": null, "content": "2. [Repeal of enactments]. Rep. by the Obsolete enactments Act, 1870 (14 of 1870), s. 1 and\nSchedule, Part II (w.e.f. 5-4-1870).", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "5", "title": "CHAPTER II - Districts and Sadr Stations", "chapter": "CHAPTER II", "content": "PART II. Districts and Sadr Stations.", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "3", "title": "Section 3. Alteration and creation of Districts", "chapter": null, "content": "3. Alteration and creation of Districts. The Governor of Bombay in Council may from time to\ntime, by notification in the Government Gazette, alter the limits of existing Zilas (which shall hereafter be\ncalled Districts) and create new Districts for the purposes of this Act.", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "4", "title": "Section 4. Position of Sadr station", "chapter": null, "content": "4. Position of Sadr station. The Governor of Bombay in Council may also from time to time, by\nnotification in the Government Gazette, alter the position of the Sadr station in any District, and fix the\nposition of the Sadr station in any new District.", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "8", "title": "CHAPTER III - District Courts", "chapter": "CHAPTER III", "content": "PART III. District Courts.", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "5", "title": "Section 5. District Judges", "chapter": null, "content": "5. District Judges. There shall be in each District a District Court presided over by a Judge to be\ncalled the District Judge. He shall be appointed by the Governor of Bombay in Council by whose\nauthority only he shall be liable to be suspended or removed from his appointment.", "footnote": "1. The second paragraph of s. 5 rep. by Act 12 of 1876, s. 1 and Schedule, Part I (w.e.f. 11-4-1876).", "is_definition": false, "sort_order": 80 }, { "number": "6", "title": "Section 6. Situation of District Court", "chapter": null, "content": "6. Situation of District Court.-The District Judge shall ordinarily hold the District Court at the\nSadr station in his District, but may, with the previous sanction of the High Court, hold it elsewhere\nwithin the District.", "footnote": "", "is_definition": false, "sort_order": 90 }, { "number": "7", "title": "Section 7. Original jurisdiction of District Judge", "chapter": null, "content": "7. Original jurisdiction of District Judge. The District Court shall be the principal Court of\noriginal civil jurisdiction in the District, within the meaning of the Code of Civil Procedure.", "footnote": "", "is_definition": false, "sort_order": 100 }, { "number": "8", "title": "Section 8. His appellate jurisdiction", "chapter": null, "content": "8. His appellate jurisdiction. -Except as provided in sections sixteen, seventeen and twenty-hex, the\nDistrict Court shall be the Court of Appeal from all decrees and orders passed by the Subordinate Courts\nfrom which an appeal lies under any law for the time being in force.", "footnote": "", "is_definition": false, "sort_order": 110 }, { "number": "9", "title": "Section 9. Control and inspection of Courts", "chapter": null, "content": "9. Control and inspection of Courts. The District Judge shall have general control over all the\nCivil Courts and their establishments within the District, and it shall be his duty to inspect, or to cause one\nof his Assistants to inspect, the proceedings of all the Courts subordinate to him, and to give such\ndirections with respect to matters not provided for by law as he may think necessary. The District Judge\nshall also refer to the High Court all such matters as appear to him to require that a rule of that Court\nshould be made thereon.", "footnote": "", "is_definition": false, "sort_order": 120 }, { "number": "10", "title": "Section 10. Writs and orders. Reports and returns", "chapter": null, "content": "10. Writs and orders. Reports and returns. The District Judge shall obey all writs, orders, or\nprocesses issued to him by the High Court, and shall make such returns or reports thereto under his\nsignature and the seal of the Court as the exigencies of the case require. He shall further furnish such\nreports and returns and copies of proceedings as may be called for by the High Court or the Governor of\nBombay in Council.", "footnote": "", "is_definition": false, "sort_order": 130 }, { "number": "11", "title": "Section 11. Seal of District Judge", "chapter": null, "content": "11. Seal of District Judge. The District Judge shall use a circular seal two inches in diameter,\nwhich shall bear thereon the. Royal Arms with the following inscription in English and the principal\nlanguage of the District \"District Court of\n.\"", "footnote": "", "is_definition": false, "sort_order": 140 }, { "number": "16", "title": "CHAPTER IV - Joint Judges", "chapter": "CHAPTER IV", "content": "PART IV. Joint Judges.", "footnote": "", "is_definition": false, "sort_order": 150 }, { "number": "12", "title": "Section 12. Power to appoint Joint Judges", "chapter": null, "content": "12. Power to appoint Joint Judges. The Governor of Bombay in Council may, with the previous\nsanction of the Governor General of India in Council, appoint in any District a Joint Judge who shall be\ninvested with co-extensive powers and a concurrent jurisdiction with the District Judge, except that he\nshall not keep a file of civil suits and shall transact such civil business only as he may receive from the\nDistrict Judge, or as may have been referred to the Joint Judge by order of the High Court.\nWhen the appointment of a Joint Judge shall have been sanctioned by the Governor General of India\nin Council, the Governor of Bombay in Council may, so long as such sanction continues in force, appoint\na successor to such Joint Judge in case his office becomes vacant, or transfer such Joint Judge from one\nDistrict to another; and in such other District the Joint Judge so transferred shall have the same powers as\nhe had in the former District.", "footnote": "", "is_definition": false, "sort_order": 160 }, { "number": "13", "title": "Section 13. Enactments applying to District Judge to apply to Joint Judge. Joint Judge's seal", "chapter": null, "content": "13. Enactments applying to District Judge to apply to Joint Judge. Joint Judge's seal.-All\nRegulations and Acts now or hereafter in force and applying to a District Judge shall be deemed to apply\nalso to the Joint Judge; and the seal of the Joint Judge shall be the same as is used by the District Judge.", "footnote": "", "is_definition": false, "sort_order": 170 }, { "number": "19", "title": "CHAPTER V - Assistant Judges", "chapter": "CHAPTER V", "content": "PART V. Assistant Judges.", "footnote": "", "is_definition": false, "sort_order": 180 }, { "number": "14", "title": "Section 14. Power to appoint Assistant Judges", "chapter": null, "content": "14. Power to appoint Assistant Judges. The Governor of Bombay in Council, under the general\ncontrol of the Governor General of India in Council, may appoint one or more Assistants to the District\nJudge, and may suspend or remove from his appointment any Assistant so appointed.", "footnote": "1. The second paragraph of s. 14 rep. by Act 12 of 1876, s. 1 and Schedule, Part I (w.e.f. 11-4-1876).", "is_definition": false, "sort_order": 190 }, { "number": "15", "title": "Section 15. Situation of Assistant Judge's Court", "chapter": null, "content": "15. Situation of Assistant Judge's Court.-An Assistant Judge shall ordinarily hold his Court at the\nsame place as the District Judge, but he may hold his Court elsewhere within the District, whenever the\nDistrict Judge shall, with the previous sanction of the High Court, direct him so to do.", "footnote": "", "is_definition": false, "sort_order": 200 }, { "number": "16", "title": "Section 16. Original jurisdiction of Assistant Judge", "chapter": null, "content": "16. Original jurisdiction of Assistant Judge.-The District Judge may refer to any Assistant Judge\nsubordinate to him original suits of which the subject-matter does not amount to ten thousand rupees in\namount or value, and miscellaneous applications not being of the nature of appeals. The Assistant Judge\nshall have jurisdiction to try such suits and to dispose of such applications. Where the Assistant Judge's\ndecrees and orders in such cases are appealable, the appeal shall lie to the District Judge or to the High\nCourt according as the amount or value of the subject-matter does not exceed or exceeds five thousand\nrupees.\nThe Assistant Judge shall, when directed by the District Judge so to do, also take evidence on\napplications for certificates under Act No. XX of 1864 (for making better provision for the care of\nthe persons and property of minors in the Presidency of Bombay), and shall forward it with his opinion\nthereon for the final orders of the District Judge.", "footnote": "2. Certain words repealed by Act 7 of 1889, s. 2 and the First Schedule (w.e.f. 8-3-1889).", "is_definition": false, "sort_order": 210 }, { "number": "17", "title": "Section 17. Appellate jurisdiction of Assistant Judge", "chapter": null, "content": "17. Appellate jurisdiction of Assistant Judge. The Governor of Bombay in Council may, by\nnotification in the Government Gazette, empower any Assistant Judge to try such appeals from the\ndecrees and orders of the subordinate Courts as would lie to the District Judge and as may be referred by\nhim to the Assistant Judge.\nDecrees and orders passed under this section by an Assistant Judge shall have the same force and\nshall be subject to the same rules as regards procedure and appeals as decrees and orders passed by the\nDistrict Judge.", "footnote": "", "is_definition": false, "sort_order": 220 }, { "number": "18", "title": "Section 18. Continuance of Assistant Judge's appellate jurisdiction", "chapter": null, "content": "18. Continuance of Assistant Judge's appellate jurisdiction. A person filling the office of\nAssistant Judge, on whom the power of hearing appeals has once been conferred under section seventeen,\nshall continue to have this power so long and so often as he may fill the office of Assistant Judge, without\nreference to the District in which he may be employed; provided that the Governor of Bombay in Council\nmay, by notification in the Government Gazette, at any time withdraw such power.", "footnote": "", "is_definition": false, "sort_order": 230 }, { "number": "19", "title": "Section 19. Power to invest Assistant Judge with powers of District Judge", "chapter": null, "content": "19. Power to invest Assistant Judge with powers of District Judge. -The Governor of Bombay in\nCouncil may, by notification in the Government Gazette, invest an Assistant Judge with all or any of the\npowers of a District Judge within a particular part of a District, and may, by like notification, from time to\ntime determine and alter the limits of such Part.\nThe jurisdiction of an Assistant Judge so invested shall pro tanto exclude the jurisdiction of the\nDistrict Judge from within the said limits.\nEvery Assistant Judge so invested shall ordinarily hold his Court at such place within the local limits\nof his jurisdiction as may be determined by the Governor of Bombay in Council, and may, with the\nprevious sanction of the High Court, hold it at any other place within such limits.", "footnote": "", "is_definition": false, "sort_order": 240 }, { "number": "20", "title": "Section 20. Assistant Judge to use seal of District Judge", "chapter": null, "content": "20. Assistant Judge to use seal of District Judge. Every Assistant Judge shall use the seal of the\nDistrict Judge to whom he is Assistant.", "footnote": "", "is_definition": false, "sort_order": 250 }, { "number": "27", "title": "CHAPTER VI - Subordinate Judges", "chapter": "CHAPTER VI", "content": "PART VI. Subordinate Judges.", "footnote": "", "is_definition": false, "sort_order": 260 }, { "number": "21", "title": "Section 21. Number of Subordinate Civil Courts", "chapter": null, "content": "21. Number of Subordinate Civil Courts. There shall be in each District so many Civil Courts\nsubordinate to the District Court as the Governor of Bombay in Council, acting under the general control\nof the Governor General of India in Council, shall from time to time direct.", "footnote": "", "is_definition": false, "sort_order": 270 }, { "number": "22", "title": "Section 22. Appointment of Subordinate Judges", "chapter": null, "content": "22. Appointment of Subordinate Judges. The Judges of such subordinate Courts shall be\nappointed by the Governor of Bombay in Council, and shall be called Subordinate Judges.\nNo person shall be appointed a Subordinate Judge unless he be a subject of the Queen who has\npractised five years as an Advocate of a High Court in India or as a Vakil in the High Court of Judicature\nin Bombay, or who has qualified for the duties of a Subordinate Judge according to such tests as may for\nthe time being be prescribed by such High Court, or who has taken the degree of Bachelor of Laws in the\nUniversity of Bombay.\nThe tests so prescribed by the High Court shall be notified in the Government Gazette.", "footnote": "", "is_definition": false, "sort_order": 280 }, { "number": "22A", "title": "Section 22A. Power to fix local limits of jurisdiction of Subordinate Judges", "chapter": null, "content": "22A. Power to fix local limits of jurisdiction of Subordinate Judges. The Governor of Bombay\nin Council may, by notification in the Official Gazette, fix, and, by a like notification, from time to time\nalter, the local limits of the ordinary jurisdiction of the Subordinate Judges.", "footnote": "1. Ins. by Act 9 of 1880, s. 2 (w.e.f. 30-4-1880).", "is_definition": false, "sort_order": 290 }, { "number": "23", "title": "Section 23. Situation of Subordinate Courts", "chapter": null, "content": "23. Situation of Subordinate Courts. The Subordinate Judges shall hold their Courts at such place\nor places as the Governor of Bombay in Council may from time to time appoint, within the local limits\nof their respective jurisdictions. Wherever more than one such place is appointed, the District Judge shall,\nsubject to the control of the High Court, fix the days on which the Subordinate Judge shall hold his Court\nat each of such places, and the Subordinate Judge shall cause such days to be duly notified throughout the\nlocal limits of his jurisdiction.\nThe same person may be the Judge of more than one Subordinate Court; and in such cases the District\nJudge shall, subject to the control of the High Court, prescribe rules for regulating the time during which\nthe Subordinate Judge shall sit in each Court.\nThe Judge of any Subordinate Court may, with the previous sanction of the High Court, be deputed\nby the District Judge to the Court of another Subordinate Judge for the purpose of assisting him in the\ndisposal of the suits on his file.", "footnote": "", "is_definition": false, "sort_order": 300 }, { "number": "24", "title": "Section 24. Classes of Subordinate Judges", "chapter": null, "content": "24. Classes of Subordinate Judges. -The Subordinate Judges shall be of two classes.\nJurisdiction of Subordinate Judge of first class. The jurisdiction of a Subordinate Judge of the\nfirst class extends to all original suits and proceedings of a civil nature.\nJurisdiction of Subordinate Judge of second class. The jurisdiction of a Subordinate Judge of the\nsecond class extends to all original suits and proceedings of a civil nature wherein the subject-matter does\nnot exceed in amount or value five thousand rupees.", "footnote": "", "is_definition": false, "sort_order": 310 }, { "number": "25", "title": "Section 25. Special jurisdiction of Subordinate Judge of first class", "chapter": null, "content": "25. Special jurisdiction of Subordinate Judge of first class. A Subordinate Judge of the first\nclass, in addition to his ordinary jurisdiction, shall exercise a special jurisdiction in respect of such suits\nand proceedings of a civil nature wherein the subject-matter exceeds five thousand rupees in amount or\nvalue as may arise within the local jurisdictions of the Courts in the District presided over by Subordinate\nJudges of the second class.\nIn Districts to which more than one Subordinate Judge of the first class have been appointed, the\nDistrict Judge, subject to the orders of the High Court, shall assign to each the local limits within which\nhis said special jurisdiction is to be exercised.", "footnote": "", "is_definition": false, "sort_order": 320 }, { "number": "26", "title": "Section 26. Appeals from his decision", "chapter": null, "content": "26. Appeals from his decision. In all suits decided by a Subordinate Judge of which the\namount or value of the subject-matter exceeds five thousand rupees, the appeal from his decision shall be\ndirect to the High Court.", "footnote": "1. The words \"of the first class in the exercise of his ordinary and special original jurisdiction\" omitted by Act 28 of 1930, s. 2 (w.e.f. 25-7-1930).", "is_definition": false, "sort_order": 330 }, { "number": "27", "title": "Section 27. Appellate jurisdiction of Subordinate Judge of first class", "chapter": null, "content": "27. Appellate jurisdiction of Subordinate Judge of first class. The Governor of Bombay in\nCouncil may invest any Subordinate Judge of the first class with power to hear appeals from such decrees\nand orders of Subordinate Courts as may be referred to him by the Judge of the District.\nDecrees and orders so passed in appeal by a Subordinate Judge of the first class shall have the same\nforce as if passed by a District Judge.\nThe Governor of Bombay in Council may, whenever he thinks fit, withdraw such jurisdiction from\nany Subordinate Judge so invested.", "footnote": "", "is_definition": false, "sort_order": 340 }, { "number": "28", "title": "Section 28. Power to invest Subordinate Judges with small cause powers", "chapter": null, "content": "28. Power to invest Subordinate Judges with small cause powers. The Governor of Bombay in\nCouncil may invest, within such local limits as he shall from time to time appoint, any Subordinate Judge\nof the first class with the jurisdiction of a Judge of a Court of Small Causes, for the trial of suits\ncognizable by such Courts up to the amount of five hundred rupees, and any Subordinate Judge of the\nsecond class with the same jurisdiction up to the amount of fifty rupees.\nThe Governor of Bombay in Council may, whenever he thinks fit, withdraw such jurisdiction from\nany Subordinate Judge so invested.", "footnote": "", "is_definition": false, "sort_order": 350 }, { "number": "29", "title": "Section 29. Seal of Subordinate Judge", "chapter": null, "content": "29. Seal of Subordinate Judge. Each Subordinate Judge shall use a seal one inch and a half in\ndiameter, bearing the Royal Crown with the following inscription in English and the principal language of\nthe District \"Subordinate Judge of.\"", "footnote": "", "is_definition": false, "sort_order": 360 }, { "number": "30", "title": "Section 30", "chapter": null, "content": "30. [First Subordinate Judges of first class]. Rep. by the Obsolete Enactments Act, 1876\n(12 of 1876), s. 1 and Schedule, Part I (w.e.f. 11-4-1876).", "footnote": "", "is_definition": false, "sort_order": 370 }, { "number": "31", "title": "Section 31", "chapter": null, "content": "31. [Pending proceedings]. Rep. by s. 1 and Schedule, Part 1, ibid. (w.e.f. 11-4-1876).", "footnote": "", "is_definition": false, "sort_order": 380 }, { "number": "32", "title": "Section 32. Reference of Government suits", "chapter": null, "content": "32. Reference of Government suits.-[No Subordinate Judge or Court of Small Causes shall\nreceive or register a suit in which the Government or any officer of Government in his official capacity is\na party, but in every such case such Judge or Court shall refer the plaintiff to the District Judge, in whose\nCourt alone (subject to the provisions of section nineteen) such suit shall be instituted.]", "footnote": "2. Subs. by Act 10 of 1876, s. 15, for certain words (w.e.f. 28-3-1876).", "is_definition": false, "sort_order": 390 }, { "number": "32", "title": "Proviso to Section 32", "chapter": null, "content": "[Provided that nothing in this section shall be deemed to apply to any suit merely because-\n(a) a municipal corporation constituted under Bombay Act No. VI of 1873, or any other\nenactment for the time being in force, is a party to such suit and an officer of Government is in his\nofficial capacity a member of such corporation, or\n(b) an officer of a Court appointed under the Code of Civil Procedure, section 456, last paragraph,\na party to such suit.]", "footnote": "1. Added by Act 15 of 1880, s. 3 (w.e.f. 3-11-1880).", "is_definition": false, "sort_order": 400 }, { "number": "33", "title": "Section 33. Commission of enquiry into alleged misconduct", "chapter": null, "content": "33. Commission of enquiry into alleged misconduct. Whenever the High Court is of opinion that\nthere are good grounds for making a formal and public enquiry into the truth of any imputation of\nmisconduct by any Subordinate Judge, the High Court may appoint a Commissioner or Commissioners\nfor the purpose of holding such an enquiry, and on the receipt of his or their report may order that the\nSubordinate Judge be removed or suspended from office, or reduced to a lower class.\nThe provisions of Act No. XXXVII of 1850 (for regulating enquiries into the behaviour of public\nservants) shall apply to enquiries under this section, the powers conferred by that Act on the Government\nbeing exercised by the High Court.", "footnote": "", "is_definition": false, "sort_order": 410 }, { "number": "34", "title": "Section 34. Suspension of Subordinate Judges by High Court or District Judge", "chapter": null, "content": "34. Suspension of Subordinate Judges by High Court or District Judge. The High Court may\nsuspend any Subordinate Judge from office pending the result of an enquiry into his behaviour under this\nsection.\nAny District Judge may, whenever he sees urgent necessity for so doing, suspend from office any\nSubordinate Judge under his control. But whenever the District Judge suspends any such Subordinate\nJudge, he shall forthwith report the case for the orders of the High Court.\nSaving of power of Government to suspend or dismiss. Nothing in this section or in section\nthirty-three shall be held to interfere with the right of Government to suspend, or remove from office, any\nSubordinate Judge at their discretion.", "footnote": "", "is_definition": false, "sort_order": 420 }, { "number": "44", "title": "CHAPTER VII - Temporary vacancies", "chapter": "CHAPTER VII", "content": "PART VII. Temporary vacancies.", "footnote": "", "is_definition": false, "sort_order": 430 }, { "number": "35", "title": "Section 35. Temporary vacancy of office of District Judge", "chapter": null, "content": "35. Temporary vacancy of office of District Judge. In the event of the death of the District Judge\nor of his being prevented from performing his duties by illness or other casualty, or of his absence from\nhis District on leave, the first in rank of the Assistant Judges in the District, or in the absence from the\nDistrict of an Assistant Judge the first in rank of the Subordinate Judges, shall assume charge of the\nDistrict Court without interruption to his ordinary jurisdiction, and while so in charge shall perform the\nduties of a District judge with respect to the filing of suits and appeals, receiving pleadings, execution of\nprocesses, return of writs and the like, and shall be designated Assistant Judge or Subordinate Judge, as\nthe case may be, in charge of the District, and shall continue in such charge until the office of District\nJudge may be resumed or assumed by an officer duly appointed thereto.", "footnote": "", "is_definition": false, "sort_order": 440 }, { "number": "36", "title": "Section 36. Delegation of powers of District Judge", "chapter": null, "content": "36. Delegation of powers of District Judge.-Any District Judge leaving the Sadr station and\nproceeding on duty to any place within his District, may delegate to an Assistant Judge, or in the absence\nof an Assistant Judge to a Subordinate Judge at the Sadr station, the power of performing such of the\nduties enumerated in section thirty-five as may be emergent; and such officer shall be designated\nAssistant or Subordinate Judge, as the case may be, in charge of the Sadr station.", "footnote": "", "is_definition": false, "sort_order": 450 }, { "number": "37", "title": "Section 37. Temporary vacancy of office of Subordinate Judge", "chapter": null, "content": "37. Temporary vacancy of office of Subordinate Judge. In the event of the death, suspension or\ntemporary absence of any Subordinate Judge, the District Judge may empower the Judge of any\nSubordinate Court of the same District to perform the duties of the Judge of the vacated Subordinate\nCourt, either at the place of such Court or of his own Court; but in every such case the Registers and\nRecords of the two Courts shall be kept distinct.", "footnote": "", "is_definition": false, "sort_order": 460 }, { "number": "48", "title": "CHAPTER VIII - Ministerial Officers", "chapter": "CHAPTER VIII", "content": "PART VIII. Ministerial Officers.", "footnote": "", "is_definition": false, "sort_order": 470 }, { "number": "38", "title": "Section 38. Appointment, etc., of ministerial officers", "chapter": null, "content": "38. Appointment, etc., of ministerial officers. All ministerial officers of the Civil Courts in each\nDistrict shall be appointed, and may be fined, suspended or dismissed by the District Judge, subject to\nsuch rules as the High Court may from time to time prescribe:", "footnote": "", "is_definition": false, "sort_order": 480 }, { "number": "38", "title": "Proviso to Section 38", "chapter": null, "content": "Provided that the Judge of every Subordinate Court may, subject to the like rules, appoint the\nministerial officers of such Court, whose salaries do not exceed rupees ten per mensem, and may by order\nfind, suspend or dismiss any ministerial officer of such Court who is guilty of any misconduct or neglect\nin the performance of the duties of his office. Every such order shall be subject to appeal to the District\nJudge; and the roles for the time being applicable to appeals to the Court of Session from orders of the\nCriminal Courts subordinate thereto, shall apply to all appeals under this section.\nNothing in this section shall exempt the offender from any penal or other consequences to which he\nmay be liable under any other law in force for the time being.", "footnote": "", "is_definition": false, "sort_order": 490 }, { "number": "39", "title": "Section 39. Duties of ministerial officers", "chapter": null, "content": "39. Duties of ministerial officers. The duties of the said ministerial officers shall be regulated by\nsuch rules as the High Court may from time to time prescribe.", "footnote": "", "is_definition": false, "sort_order": 500 }, { "number": "40", "title": "Section 40. Power to appoint Clerks of the Courts", "chapter": null, "content": "40. Power to appoint Clerks of the Courts. The Governor of Bombay in Council may, under the\ngeneral control of the Governor General of India in Council, appoint to any Civil Court under this Act a\nClerk of the Court who, in addition to such duties as may from time to time be prescribed by the High\nCourt, may receive and register plaints, and shall refer such as he may consider should be refused for the\norders of the Judge of the Court, and may sign all processes, and authenticate copies of papers.", "footnote": "", "is_definition": false, "sort_order": 510 }, { "number": "53", "title": "CHAPTER IX - Miscellaneous", "chapter": "CHAPTER IX", "content": "PART IX. Miscellaneous.", "footnote": "", "is_definition": false, "sort_order": 520 }, { "number": "41", "title": "Section 41. Rules for keeping proceedings", "chapter": null, "content": "41. Rules for keeping proceedings. The proceedings of each Civil Court shall be kept and\nrecorded according to such rules as the High Court may from time to time prescribe. The High Court shall\nalso lay down rules under which copies of papers may be granted.", "footnote": "", "is_definition": false, "sort_order": 530 }, { "number": "42", "title": "Section 42. Fees for process", "chapter": null, "content": "42. Fees for process. The High Court shall from time to time, with the sanction of the Governor of\nBombay in Council, prescribe and regulate the fees to be taken for any process issued by any Court the\nconstitution of which is declared by this Act, or by any officer of such Court.\nTables of the fees so prescribed shall be published in the Government Gazette.", "footnote": "", "is_definition": false, "sort_order": 540 }, { "number": "43", "title": "Section 43. Sittings of Courts", "chapter": null, "content": "43. Sittings of Courts. The District and Subordinate Courts shall sit from day to day, except on\nSundays, New Year's Day, Good Friday, Christmas Day, and Her Majesty's Birth Day, and such other\ndays as may be sanctioned for each or every District by the High Court.", "footnote": "", "is_definition": false, "sort_order": 550 }, { "number": "43", "title": "Section 43 Vacation", "chapter": null, "content": "Vacation. The High Court may also permit the Civil Courts under its control to adjourn for a period\nor periods not exceeding in the whole six weeks in each year.", "footnote": "", "is_definition": false, "sort_order": 560 }, { "number": "58", "title": "Schedule - Repealed", "chapter": null, "content": "[SCHEDULE].-Rep. by the Obsolete enactments Act, 1870 (14 of 1870), s. 1 and Schedule, Part II\r\n(w.e.f. 5-4-1870).", "footnote": "", "is_definition": false, "sort_order": 570 } ], "metadata": { "Act ID": "186914", "Act Number": "14", "Enactment Date": "1869-03-19", "Act Year": "1869", "Short Title": "The Bombay Civil Courts Act, 1869", "Department": "Legislative Department", "Type": "CENTRAL", "Location": "Bombay" }, "updated_at": "2026-09-29 21:51:49" }