State of Maharashtra - Act
Dekkhan and Khandesh (Puna, Ahmednagar and Khandesh Districts
MAHARASHTRA
India
India
Dekkhan and Khandesh (Puna, Ahmednagar and Khandesh Districts
Act 29 of 1827
- Published on 1 August 1827
- Commenced on 1 August 1827
- [This is the version of this document from 1 August 1827.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
A Regulation for bringing under the operation of the Regulations the Bombay territories in the Dekkhan and Khandesh.Preamble : Whereas, subsequently to the conquest by the Company of the territories of the late Peshwa, in the Dekkhan and Khandesh, and the acquisition from other States by treaties and agreements of other territories within the said countries, the governments of all the said territories have, with the view of avoiding the abrupt introduction of extensive change, been conducted under the orders of the Governor in Council constituting a system which was calculated gradually to prepare the way for the introduction of the general rules of the [***] [The word 'British' was omitted by the Adaptation of Laws Order, 1950.] administration;And Whereas, the Regulations for the administration of the Bombay territories have in the meantime been revised, and it has now been judged expedient to bring the territories in the Dekkhan and Khandesh under the revised Regulations, being the first [twenty-six (26) Regulations of 1827.,] [Most of these Regulations have been repeale see Chronological Tables of the Indian Statutes. The unrepealed portions of the others are printed on the preceding pages.] with certain modifications;the following rules have been enacted [* * * ] [The words and figures 'to have effect from 1st September, 1827' were repealed by the Repealing Act, 1876 (12 of 1876).]2. First Regulations made applicable to Dekkhan and Khandesh.
- The first [twenty-six (26) Regulations of 1827.,] [Most of these Regulations have been repeale see Chronological Tables of the Indian Statutes. The unrepealed portions of the others are printed on the preceding pages.] [* * *] [The words 'with the exception of Regulation XVIII and of any enactments relating to stamps' were repealed by the Repealing and Amending Act, 1894 (4 of 1894).] shall, from the 1st September, 1827, be of force and effect, except as specifically enacted to the contrary, throughout the Bombay territories in the Dekkhan and Khandesh, consisting of the zilas of Puna and Ahmednagar, as described in Appendix A to this Regulation [* * *] [The words and figures 'and the said territories are hereby further brought under the operation of the Regulations according as they may apply, to be passed from and after the 1st September, 1827. for the government of the territories subordinate to the Presidency of Bombay' were repealed by the Repealing Act, 1876 (12 of 1876).]3. Persons excluded from jurisdiction of Courts [Fees] Rep. Act XII of 1876.
- With reference to the said zilas, [* * *] [The words and figures 'it is hereby enacted I hat. in modification of the rules contained in Regulation II-A D. 1827, sections XXi and XXXVII, clause first' were repealed by Act 12 of 1876.] suits against certain persons of rank, as hereinafter specified shall not come under the jurisdiction of the Civil Courts.List to be furnished to JudgeSecond. - A [list of the said persons of rank will be furnished by] [As to appeals from decisions passed byjagirdars included in this list, see Bombay Reg. 13 of 1830, Section 3. As to Courts having power to take cognizance ofjand-suits in which persons included in this list are concerned as defendants, see Bombay Reg. 1 of 1831, and Born. Reg. 16 of 1831.] [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] to the Judge, who will, on application, communicate the same to any person who, as plaintiff or defendant, may show that his interest requires his being-supplied with that information.Agent to be appointed for trial of suits against them.4. List and instructions to be furnished to him.
- An [Agent of] [As to transfer of -wits to the Assistant Agent, see Act 19 of 1835.] [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] shall be specially appointed for the purpose of receiving and trying and deciding all complaints of a civil nature which would, under the ordinary rules, be cognizable by either of the Judges of Pune and Ahmednagar against any of the persons [Contemplated in the preceding section;] [As to land-suits in which such persons are concerned as defendants, see Bombay Reg. 1 of 1831, and Bombay Reg. 16 of 1831, Section 2.] he shall be furnished with a list of the [said persons of rank,] [Cf. Section 4 of the Code of Civil Procedure, 1908 (Act 5 of 1908).] and with instructions descriptive of the respective rules of procedure to be followed in the case of each such person, and he shall communicate to any individual making application so much of the above-mentioned information as' such individual may show to be important to his own interest.List and instructions what to compromise and provideSecond. - The list above-mentioned shall comprise three (3) classes of persons of rank; and the instructions above-mentioned shall provide three (3) several modes of procedure, applicable respectively to each class of the said persons of rank5. Conduct of suits against first class persons.
- Suits against the persons belonging to the first of the classes comprised in the Agent's list, being individuals of the very first distinction and influence under the Peshwa's Government on account of their birth, their political importance, or the religious estimation in which they were held, shall be conducted and decided by the Agent, reference being had in the most ample degree to the privileges of the defendant by former usage and custom enjoyed, and to other peculiar characteristics of the case conformable to like usage and custom;Decrees not to be executed without reference to [State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government Appealand no decree against any such defendant shall be enforced until the suit and all proceedings thereon shall have been referred to the [[State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government] to [which] [The word 'which' was substituted for the words 'whom' and 'who', by the Adaptation of Indian Laws Order in Council.] also the plaintiff may appeal], [which] [The word 'which' was substituted for the words 'whom' and 'who', by the Adaptation of Indian Laws Order in Council.], as a special superior Court for the adjustment of such suits, will pass such order thereon as [it] [The word 'it' was substituted for the word 'he' by the Adaptation of Indian Laws Order in Council.] may deem just and equitable, an appeal to the [Supreme Court] [These words were substituted for the words 'King in Council' by the Adaptation of Laws Order, 1950.] being open to either party.Conduct of suit against second class personsSecond. - Suits against the persons belonging to the second of the classes comprised in the Agent's list, being individuals not equal in consideration to those above adverted to, but of high rank and importance under the Peshwa's Government, shall be conducted and tried by the Agents, reference being had in a great degree and in conformity to former usage and custom, to the rank of the defendant, his situation and privileges, under the Peshwa's Government, as affecting his creditor's means of compelling payment during that period, his present means of discharging the debt, and other points material to the real equity of the plaintiffs claim and the defendant's liability.Appeal to [state] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order. 1950.] GovernmentAt appeal against the Agent's decision to the superior Court of the [ [State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government], as above constituted, shall be open to either party :LimitationThe petition of appeal shall be presented either to the Agent or [to the [State] [The words 'to the Provincial Government' were substituted for the words 'to Government' by the Adaptation of Indian Laws Order in Council.] Government] within ninety (90) days (which period may be extended for good reasons) after the Agent's decision was passed; the rules for trial and decision of such appeal shall be the same as those prescribed for the original trial of the suit and a final appeal to the [Supreme Court] [These words were substituted for the words 'King in Council' by the Adaptation of Laws Order, 1950.] shall be open to either party.Conduct of suits against third class personsThird. - Suits against the persons belonging to the third of the classes comprised in the Agent's list, being individuals, inferior in rank to those of the classes previously described, but still equitably entitled, on account of the privileges hitherto enjoyed by them, to a certain special degree of consideration shall be conducted and tried by the Agent, in like conformity to usage and custom, with some relaxation of the rules of the general Regulations and some portion of attention to the points above specified for regulating his decisions in suits against individuals of the two superior classes.Appeal to Sadr AdalatAn appeal to the Sadr Diwani Adalat against the Agent's decision shall be open to earlier party;LimitationThe petition of appeal shall be presented, either to the Agent or to the Sadr Diwani Adalat, within ninety (90) days (which period may be extended for good reasons) after the Agent's decision was passed : the rules for trial and decision of such appeal shall be the same as those prescribed for the original trial of the suit; with which view the instructions of the Agent, with regard to the defendant, shall be communicated [by the [State] [The words 'by the Provincial Government' were substituted for the words 'by Government' by the Adaptation of Indian Laws Order in Council.] Government] to the Sadr Diwani Adalat; and a final appeal to the [Supreme Court] [These words were substituted for the words 'King in Council' by the Adaptation of Laws Order, 1950.] shall be open to either party [* * *] [The words 'under the rules contained in the General Regulations with reference to such appeals from the decrees of the Sadr Diwani Adalat' were repealed by the Repealing Act. 1876 (12 of 1876).]6. [ Exclusion of application to certain territories now in Gujarat. [Section 6 was inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.]
- Nothing in this Regulation shall as from the 1st day of May, 1960 apply in relation to territories described in Appendix A which are by section 3 of the Bombay Re-organisation Act, 1960, comprised in State of Gujarat,]7. [Pleaders, jurisdiction, appeals, execution of decrees.] Rep. Act XIV of 1869.
[Appendix A](See section 2, clause 1st)Territorial description of the Zilas in the Dekkhan and Khandesh, established under the Presidency of Bombay: formed of conquests from the Peshwa (Proclamation of occupation, 11th February, 1818), and cessions from Holkar (treaty 6th January, 1818), Sindia (treaty 6th February, 1820) and the Nizam (treaty 12th December, 1822).Zila of PunaThe two (2) tarafs Haveli-Puna and Karyat-Maval.The fifteen (15) the following villages of the taraf Keru Bara, namely1. Sivra
2. Kondhanpur
3. Kalyan
4. Rahtavda
5. Ombra
6. Arvi
7. Divra
8. Kamsa
9. Khetkavla
10. Kumbosi
11. Gavardari
12. Gogalvad
13. Kaumthadi
14. Khed Sivapur
15. Kelvad
The three (3) following villages of the taraf Musa Khora. namely1. Jamli
2. Sonapur
3. Sangrun
The three (3) following villages of the taraf Muta Khora, namely1. Ambegaon
2. Bhavli
3. Ambi
The two (2) following villages of the taraf Kanad Khora, namely1. Vinjer
2. Antroli
[The village of Apti, taraf Hardus, Maval.]| So much of Bombay Reg. 29 of 1827 as related to the villages of Jalihal, Tingni Bidri, Hongalhalli. Karjol, Upadinni. Allassundeh and Boblad was repealed by Act 6 of 1842.So much of this Appendix as declared the villages contained in the Schedule to Act 11 of 1846 and the lands attached thereto (being parts of the parganas of Nandurbar, Sultanpur and Kukarmunda. in the province of Khandesh), subject to the Regulations established for the administration of civil and criminal justice in the Province of Bombay, was repealed by the Act.So much of this Regulation as related to the following villages in the Pune District, oiz.1.The Punt Sucheo's village of Apti, Taraf Hardus-Maval. 2, 3, 4. The Punt Sucheo's villages of Water, Bhambourdy and Gunund in that part of the Tarafs of Nir Thadi and Sirval which lie north of the Nira river, was repealed by Act 4 of 1868. |