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DEVAN M. DESAI
GUJARAT ELECTRICITY BOARD – Appellant
Versus
KESHARBHAI BHAGVANBHAI GOHIL – Respondent
ORDER :
1. Heard learned advocates for the respective parties. Perused the record.
2. On perusal of papers, it appears that the suit is of the year 1994. Present appeal has been filed in the year 1997. During the pendency of the appeal, Legislature has passed Gujarat Civil Courts Act, 2005, wherein there is a specific provision under Section 30 (3) to the effect that all the appeals and suits etc. pending on that date, which are valued at less than Rs. 5,00,000/- are to be transferred to the concerned trial Court.
3. Admittedly, the present Appeal has been filed against the judgment and decree dated 30.11.1996 passed by the learned 2nd Jt. Civil Judge (S.D.) Amreli in Special Civil Suit No. 13 of 1994. It is also not in dispute that the valuation of the matter is less than Rs. 5 Lakhs at the time of filing of the present Appeal. It is also admitted fact that pending this Appeal, the Bombay Civil Courts Act, 1869 has been repealed by virtue of Section 30 of the Gujarat Civil Courts Act, 2005. The provisions relating to the Appeals in the original Act is as follows:
(1) Appeal from the decrees and others passed by a court of District Judge in original suits and proceedings of ci
The main legal point established in the judgment is the recognition of the vested right of appeal and the implications of transferring proceedings to a new forum as an interference with existing righ....
if there is express words or by necessary implication clearly indicated by the legislature regarding the standing over transfer of the proceedings, then in view of that expressed provisions, the matt....
Point of law: old Act of Bombay Civil Courts Act, 1869 was in existence and new Act i.e. The Gujarat Civil Courts Act, 2005 has been enacted wherein there is specific provision in sub-section (3) of ....
no litigant has any vested right in the matter of procedural law but where the question is of change of forum it ceases to be a question of procedure only. The forum of appeal or proceedings is a ves....
Constitution Bench ruled that as the Federal Court had been abolished, the Supreme Court was entitled to hear the appeal under Article 135 of the Constitution, and no appeal lay under Article 133. Th....
general principle is that a law which brings about a change in the forum does not affect pending actions unless intention to the contrary is clearly shown. One of the modes by which such an intention....
The court recognizes the transfer of appeals based on valuation thresholds, emphasizing procedural fairness in light of recent amendments to jurisdictional legislation.
(1) Proceedings instituted before commencement of Consumer Protection Act, 2019 on 20 July 2020 would continue before Fora corresponding to those under Act of 1986 (National Commission, State Commiss....
The jurisdiction under Section 24 CPC is concurrent between the High Court and District Court, but a party cannot challenge a transfer order in both courts; they must choose one forum.
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