M/S National Auto Sales, Pili Kothi And ... vs Firoz Ahmad on 6 October, 2010
In Manzurul Haq versus Hakim Mohsin Ali, 1970 AWR a Full Bench of this Court held:
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Manzurul Haq And Anr. vs Hakim Mohsin Ali on 14 May, 1970
Abdul Hamid vs Iiird Addl. District Judge, Mainpuri ... on 30 August, 1999
"Construing Sections 15 and 16 of the Provincial Small Cause Courts Act a Full Bench of our Court in Manzurul Haq v. Hakim Mohsin Ali, AIR 1970 All 604, held that the Courts of Small Causes are Courts of preferential, and not exclusive, jurisdiction.
Manju Yogesh Mishra vs Santosh Kumar Yadav And 4 Others on 31 August, 2022
In the case of Nirmal Jeet Singh Hoon vs Irtiza Hussain, 2010 (14) SCC 564 (Paras-14 to 20), Hon'ble Supreme Court referred decisions of this Court in the case of Ram Chandra Pandey vs. Maheshwari Singh, AIR 1962 All 480 and Manzurul Haq & Anr. v. Hakim Mohsin Ali, AIR 1970 All 604 (F.B.) and its earlier decisions in the case of Dhulabai etc.
M/S Reptakos Brett Company Limited vs M/S Utkarsh Granite Private Limited on 12 April, 2022
25. The reliance placed upon Full Bench judgment of this Court in case of Manzurul Haq and another (supra) is of the year 1970 whereafter Article 4 of Second Schedule was amended in the year 1972.
Sunil Kumar vs Prakash on 10 November, 2004
A Full Bench of the Allahabad High Court in Manzurul Haq v. Hakim Mohsin Ali (AIR 1970 All. 604 (FB)) had occasion to consider Sections 15 and 16 of the Provincial Small Cause Courts Act (1887). In paragraphs 20 and 21 of the Full Bench decision, there is a discussion of this aspect and we quote the same:
Gangabai W/O Rambilas Gilda vs Chhabubai W/O Pukharajji Gandhi on 6 November, 1981
We find, however, that the view
taken by the High Court in Lala Jageshwar Prasad (supra) was
expressly overruled by a Full Bench of the High Court in
Manzurul Haq and another v. Hakim Mohsin Ali and it was laid
down that a Court of Small Causes could be described as a
court of "preferential jurisdiction" but not as court of
"exclusive jurisdiction". It was also held by the Full Bench
that a decision rendered by a Court of Small Causes in a
suit for arrears of rent would not operate as res judicata
in a subsequent suit filed in the Court of the Munsif for
recovery of arrears of rent for a different period and for
ejectment.
Nirmal Jeet Singh Hoon vs Irtiza Hussain And Ors on 26 October, 2010
8. Procedure adopted in trial of the case before the Small Cause
Court is summary in nature. Clause (35) of Schedule II to the Act
1887, made the Small Cause Court a court of limited jurisdiction.
Certain suits are such in which the dispute is incapable of being
decided in a summary manner. More so, the Small Cause Court does
not possess exclusive jurisdiction as its jurisdiction is merely
preferential. [Vide Ram Chandra Pandey v. Maheshwari Singh &
Ors., AIR 1962 All 480; and Manzurul Haq & Anr. v. Hakim
Mohsin Ali, AIR 1970 All 604 (F.B.)]
Gurmala & Others vs Mohd. Ishaq & Others on 31 May, 2013
22. Section 15 of Act 1887 came to be considered before a Full Bench in Manzural Haq and another v. Hakim Mohsin Ali, A.I.R. 1970 All. 604. Though it was in the context of the question whether a decision given by a Court of Small Causes in a suit for arrears of rent will operate as res judicata in a suit filed later in the Court of Munsif for recovery of arrears of rent for a different period for ejectment. In this context, the Court considered the question whether Court of Small Causes is a Court of exclusive jurisdiction and answered it in negative. In para 21 of the judgment of Hon'ble S.D. Khare, J. and para 52 of concurrent judgment of Hon'ble Jag Mohan Lal Sinha, J., it has been said explicitly that Court of Small Causes is not a Court of exclusive jurisdiction but it is Court of "preferential jurisdiction".
Moti Lal vs Trust Sri Thakur Kishori Raman Ji ... on 24 January, 2013
44. Section 15 of SCC Act, 1887 came to be considered before a Full Bench in Manzural Haq and another v. Hakim Mohsin Ali, A.I.R. 1970 All. 604. Though it was in the context of the question whether a decision given by a Court of Small Causes in a suit for arrears of rent will operate as res judicata in a suit filed later in the Court of Munsif for recovery of arrears of rent for a different period for ejectment. In this context, the Court considered the question whether Court of Small Causes is a Court of exclusive jurisdiction and answered it in negative. In para 21 of the judgment of Hon'ble S.D. Khare, J. and para 52 of concurrent judgment of Hon'ble Jag Mohanlal Sinha, J., it has been said explicitly that Court of Small Causes is not a Court of exclusive jurisdiction but it is Court of "preferential jurisdiction".
M/S Bharat Petroleum Corporation Ltd. ... vs Smt. Indira Paney And Another on 15 April, 2013
43. Section 15 of Act 1887 came to be considered before a Full Bench in Manzural Haq and another v. Hakim Mohsin Ali, A.I.R. 1970 All. 604. Though it was in the context of the question whether a decision given by a Court of Small Causes in a suit for arrears of rent will operate as res judicata in a suit filed later in the Court of Munsif for recovery of arrears of rent for a different period for ejectment. In this context, the Court considered the question whether Court of Small Causes is a Court of exclusive jurisdiction and answered it in negative. In para 21 of the judgment of Hon'ble S.D. Khare, J. and para 52 of concurrent judgment of Hon'ble Jag Mohan Lal Sinha, J., it has been said explicitly that Court of Small Causes is not a Court of exclusive jurisdiction but it is Court of "preferential jurisdiction".