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State of Gujarat - Section

Section 26 in The Mamlatdars' Courts Act, 1906

26. Bar of certain suits.

- No suit shall lie under this Act-
(a)[against Government or against any Government officer] [These words were substituted for the words 'against the Crown or against any servant of the Crown' by the Adaptation of Laws Order, 1950.] in respect of any act done or purporting to be done by any such officer in his official capacity except where acting as a manager or guarding duly constituted under any law for the time being in force; or
(b)in respect of [any removal of any impediment or of] [These words were inserted by Bombay 66 of 1954, Section 7.] any dispossession, recovery of possession or disturbance or possession that has been the subject of previous proceedings, to which the plaintiff or his predecessor in interest was a party under this Act or in a Civil Court or under Chapter XII of the Code of Criminal Procedure, 1898 (V of 1898).
[[27. Repeal and savings. [This section stands unmodified by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.]- On the commencement of this Act in that part of the State of Bombay to which it is extended by the Mamlatdars' Courts (Extension) Act 1957 (Bombay IV of 1958) the Saurashtra Mamlatdars' Courts Ordinance, 1948 (Saurashtra Ordinance LII) and the Mamlatdars' Courts, Act, 1906 (Bombay II of 1906) as modified and extended to the Kutch area of the State of Bombay shall from such commencement in that part stand repealed:Provided that notwithstanding any such repeal anything done or action taken (including any appointments made any Mamlatdars' Courts constituted, territorial limits thereof fixed, orders made by such Court, proceedings pending before such Courts or before the Collector or other authority and delegations made by the Government or the Collector) by or under the provisions of the laws so repealed shall in so far as such thing done or action taken is not inconsistent with the provisions of this Act be deemed to be done, taken, appointed, constituted, fixed, pending or made under the provisions of this Act as if this Act had then been in force; and accordingly all such proceedings pending before any such Court or Collector or other authority shall be continued and disposed of in accordance with the provisions of this Act.]