Mamlatdar. Power of Mamlatdar to transfer suits to the Joint Mamlatdar. - (2) The Mamlatdar is hereby empowered to transfer to the Joint Mamlatdar for disposal ... Courts (Extension) Act, 1957, the Saurashtra Mamlatdar's Courts Ordinance, 1948, and the Mamlatdars' Courts Act, 1906, as modified and extended to the Kutch area
Mamlatdar. (2) Power of Mamlatdar to transfer suits to the Joint Mamlatdar. - The Mamlatdar is hereby empowered to transfer to the Joint Mamlatdar for disposal ... 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
Mamlatdar.
Power of Mamlatdar to transfer suits to the Joint Mamlatdar. - (2) The Mamlatdar is hereby empowered to transfer to the Joint Mamlatdar for disposal ... Courts (Extension) Act, 1957, the Saurashtra Mamlatdar's Courts Ordinance, 1948, and the Mamlatdars' Courts Act, 1906, as modified and extended to the Kutch area
decisions."
6.8 Merely because the parties before the
Mamlatdar under the Mamlatdars' Courts Act, 1906 are
described as 'plaintiff ... considering nature of such controversy and
holding that the Mamlatdar under the Mamlatdars'
Courts Act could not have decided the issue and ought
shall exercise the same powers as the Mamlatdar's Court under the Mamlatdar's Courts Act, 1906 , and shall save as provided ... Civil Court shall include Mamlatdar's Court constituted under the Mamlatdar's Courts Act, 1906 . From the bare reading of these various provisions
that:
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3. The powers of the Mamlatdar functioning under the Mamlatdars' Courts Act, 1906 , hereinafter referred to as 'the Act ... reads as under:
3. The powers of the Mamlatdar functioning under the Mamlatdars' Courts Act, 1906 , hereinafter referred to as 'the Act
been conferred upon the Mamlatdar merely
because the Mamlatdar has been termed as a Court or the
proceedings before the Mamlatdar are termed ... while considering the powers of the Mamlatdar under
Section 5 (2) of the Mamlatdar's Courts Act by relying upon an
earlier unreported judgment
approached the Mamlatdar by invoking jurisdiction of the Mamlatdar's Court under Section 5 of the Mamlatdar's Courts Act. The respondent ... raised that the Mamlatdar while presiding over the Mamlatdar's Court set up under the Mamlatdar's Courts Act has no jurisdiction
Court by the Mamlatdar.
(ii) Mamlatdar to deal with the issue.
(iii) Mamlatdar to give his decision on the issue.
(iv) Mamlatdar to communicate ... proceeding originated under the said Act. The proceedings under section 32 of the said Act before a Mamlatdar therefore, cannot be said to be original
Bench, observed:
"Undoubtedly by Section 70 of the Act (Bombay Tenancy Act) the Mamlatdar is authorised to decide the question whether a person ... section, a Civil Court shall include a Mamlatdar's Court constituted under the Mamlatdars' Courts Act, 1906 ."
Thus it could be seen
