NYAYA SIGNAL
Maharashtra · 1869 · Section 27
Section 27 — Appeals from his decision.
The Maharashtra Civil Courts Act
27. Appellate jurisdiction of 1[Civil Judge (Senior Division)] or Judge of Court of Small Causes.-
2[ 3[State] Government] may invest any 4[Civil Judge (Senior Division)] 5[or any Judge of the Court of Small Causes established under the Provincial Small Cause Courts Act, 1887 (IX of 1887), in any place to which this section extends] with power to hear appeals from such decrees and orders of Subordinate Courts as may be referred to him by the Judge of the district.
Decrees and orders so passed in appeal by a 6[Civil Judge (Senior Division)] 7[or Judge of a Court of Small Causes] shall have the same force as if passed by a district Judge.
8[A 9[Civil Judge (Senior Division)] or a Judge of a Court of Small Causes, on whom the power of hearing appeals has once been conferred under this section, shall continue to have this power so long and so often as he may fill the office of 10[Civil Judge (Senior Division)] or Judge of a Court of Small Causes respectively, without reference to the district in which he may be employed :
Provided that the 11[ 12[State] Government] may, by notification in the 13[Official Gazette], at any time withdraw such power.]
2[ 3[State] Government] may invest any 4[Civil Judge (Senior Division)] 5[or any Judge of the Court of Small Causes established under the Provincial Small Cause Courts Act, 1887 (IX of 1887), in any place to which this section extends] with power to hear appeals from such decrees and orders of Subordinate Courts as may be referred to him by the Judge of the district.
Decrees and orders so passed in appeal by a 6[Civil Judge (Senior Division)] 7[or Judge of a Court of Small Causes] shall have the same force as if passed by a district Judge.
8[A 9[Civil Judge (Senior Division)] or a Judge of a Court of Small Causes, on whom the power of hearing appeals has once been conferred under this section, shall continue to have this power so long and so often as he may fill the office of 10[Civil Judge (Senior Division)] or Judge of a Court of Small Causes respectively, without reference to the district in which he may be employed :
Provided that the 11[ 12[State] Government] may, by notification in the 13[Official Gazette], at any time withdraw such power.]
Source notes
1 The words "Civil Judge (Senior Division)" were substituted for the words "Subordinate Judge of the First Class" by s. 5 of Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.2 The words "Provincial Government" were substituted for the words "Governor of Bombay in Council" by the Adaptation of Indian Laws Order in Council.
3 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
4 The words "Civil Judge (Senior Division)" were substituted for the words "Subordinate Judge of the First Class" by s. 5 of Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
5 These words were inserted by section 5 of the Bombay Civil Courts (Amendment) Act, 1900 (Bom. I of 1900).
6 The words "Civil Judge (Senior Division)" were substituted for the words "Subordinate Judge of the First Class" by s. 5 of Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
7 These words were inserted by section 5 of the Bombay Civil Courts (Amendment) Act, 1900 (Bom. I of 1900).
8 This paragraph was substituted for the original paragraph by Bom. 1 of 1900, section 5. The original paragraph was as follows :-
"The Governor of Bombay in Council may, whenever he thinks fit, withdraw such jurisdiction from any Subordinate Judge so invested.".
9 The words "Civil Judge (Senior Division)" were substituted for the words "Subordinate Judge of the First Class" by s. 5 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
10 The words "Civil Judge (Senior Division)" were substituted for the words "Subordinate Judge of the First Class" by s. 5 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945) read with Bom. 48 of 1947, s. 3.
11 The words "Provincial Government" were substituted for the words "Governor of Bombay in Council" by the Adaptation of Indian laws Order in Council.
12 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
13The words "Official Gazette" were substituted for the words "Government Gazette" by the Adaptation of Indian Laws Order in Council.