Civil Court - Jurisdiction

 

Sec. 9 Right for a decent burial is a civil right. Civil suit maintainable. [John vs. Bishop of Diocese of Palai. 1998(2) KLT 345. Krishnanunni (J)] [Varkey vs St.Marys' Catholic Church 1997(2) KLT 192 = AIR 1997 Kerala 337.  P.K.Balasubramanyan(J)]

Sec.9 Appeal against an order or judgment passed in final decree application before the drawing of final decree can be entertained without a certified copy of the decree treating the order or judgment appealed against itself as a decree as defined in Sec. 2(2) of the Code. [Janardhanan vs Chandramathy. 1996(2) KLT 545 = ILR 1996 (3) Ker 806 (DB)]

Sec. 9 - Personal injury has not direct or proximate connection with the use of tanker lorry in which the jurisdiction of the MACT will not be attracted - Civil Court alone has jurisdiction . [ Mahabir Prasad vs. Jacks Aviation Pvt. Ltd. 1999 (1) KLJ 530 = 1999 (1) KLT SN45. S.Saghir Ahamed & K.T.Thomas (J&J)]

 Sec. 15 - Suit filed before the District Court made over to the Addl. District Court, designated for trial disposal of the Church cases - No illegality - Kerala Civil Courts Acts - Sec. 11 - Though the Subordinate Judge's Court is conferred jurisdiction to entertain and try suits, the jurisdiction of the District Court as the principal civil court in the district is no way affected and the jurisdiction co-ordinate along with the District Court is conferred on the Subordinate Judges' Court.  [ Bishop Dr.Mathews Mar Savarious vs K.P.Thankachan., 2001(1) KLJ 641 = 2001 (1) KLT 932 . K.A.Mohammed Shafi (J)]

Kerala Civil Courts Act, 1957

Secs. 5 & 7 - Establishment of courts  -Power to alter the priority in establishing courts in the State is on the Government on the recommendation of the Government - High Court cannot issue a writ to direct the Government to establish a court at a place overlooking the priority. [Sadasivan vs State of Kerala. 2001 (1) KLT 652N .G.Sivarajan (J)]

 Sec. 19 (2) - Provisional order passed by the Vacation Court (District Court) - Appeal should be filed before the concerned court to which appeal will lie from the Court having jurisdiction which has to try and dispose of the matter after summer recess. [Kerala Badminton Association vs. Idukki Badminton Association. 2001 (3) KLT 125 = 2001 (2) KLJ 751. K.A.Mohammed Shafi (J)]

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