AI Overview...
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Powers of Additional District Judge under Section 24 CPC - The Additional District Judge can exercise powers of transfer and disposal of suits or applications, but only within the delegated authority from the District Judge. They do not possess independent jurisdiction but act as delegates of the District Judge's powers Tara Chand VS Shradnand - Rajasthan, BABULAL BHIKAJI MANDLOI VS DATTATRAYA NARAYAN - Madhya Pradesh, Mohd. Ramzan Sofi VS Krishen Lal - Jammu and Kashmir.
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Transfer of Cases - Section 24 CPC primarily deals with the transfer of suits or proceedings. It is a special provision that grants the District Judge and, by delegation, the Additional District Judge, the power to transfer cases, especially those involving pecuniary limits or jurisdictional issues Tara Chand VS Shradnand - Rajasthan, Hakim Mohammed Ali VS Bhanwari Bai - Rajasthan.
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Exercise of Powers - The Additional District Judge’s authority to exercise powers under Section 24 CPC is not independent but is conferred through delegation by the District Judge. Their jurisdiction is limited to the scope of powers delegated, and they cannot exercise powers on their own initiative outside this delegation Babulal VS Dattatraya - Madhya Pradesh, Narain Sharan VS Lalita Devi - Patna.
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Jurisdictional Limits - The scope of powers includes transfer of cases, disposal of pending matters, and exercising superintendence within their delegated authority. They are not empowered to act beyond the jurisdiction conferred by the District Judge or the relevant statutes Tara Chand VS Shradnand - Rajasthan, AJAY CHATURWEDI VS SHOBHANA - Allahabad.
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Main Insight - The Additional District Judge can exercise powers under Section 24 CPC only as a delegate of the District Judge. They do not have independent authority but function within the limits set by the District Judge's delegation, primarily concerning transfer and disposal of cases Tara Chand VS Shradnand - Rajasthan, BABULAL BHIKAJI MANDLOI VS DATTATRAYA NARAYAN - Madhya Pradesh, Mohd. Ramzan Sofi VS Krishen Lal - Jammu and Kashmir.
Analysis and Conclusion:
Additional District Judges are empowered to exercise certain powers under Section 24 CPC, particularly relating to case transfer and disposal, but only within the scope of delegated authority from the District Judge. They do not possess independent jurisdiction under this section and cannot act beyond their delegated powers. Their role is primarily administrative and procedural, facilitating case management under the supervision of the District Judge Tara Chand VS Shradnand - Rajasthan, BABULAL BHIKAJI MANDLOI VS DATTATRAYA NARAYAN - Madhya Pradesh, Mohd. Ramzan Sofi VS Krishen Lal - Jammu and Kashmir.
References:
- Tara Chand VS Shradnand - Rajasthan
- BABULAL BHIKAJI MANDLOI VS DATTATRAYA NARAYAN - Madhya Pradesh
- Mohd. Ramzan Sofi VS Krishen Lal - Jammu and Kashmir
- Hakim Mohammed Ali VS Bhanwari Bai - Rajasthan
- AJAY CHATURWEDI VS SHOBHANA - Allahabad
- Babulal VS Dattatraya - Madhya Pradesh
- Narain Sharan VS Lalita Devi - Patna
Search Results for "Can Additional District Judge Exercise Powers under Section 24 Cpc"
1995 0 Supreme(Raj) 307 • India - Rajasthan
N.C.KOCHHAR, R.S.KEJRIWAL
has jurisdiction to transfer a suit valued less than Rs. 25,000/- which is pending before Additional District Judge at the time of ... , Sec. 24 — By amendment the pecuniary jurisdiction of Munsifs Court enhanced from Rs. 5000/- to Rs. 25,000/- The District Judge ... Rajasthan Civil Courts (Amendment) Ordinance, 1992, Sec. 3 and Rajasthan Civil Courts Ordinance, 1950, Sec. 19 (as Amended) and C.P.C ... After coming into force of this Ordinance No. 2/1992, the #HL_STAR....
1969 0 Supreme(MP) 82 • India - Madhya Pradesh
R.J.BHAVE, BISHAMBHAR DAYAL, S.P.BHARGAVA
It was consequently open for him to act in exercise of its general powers under the Madhya Pradesh Civil Courts Act or Section 24 ... of its general powers under the Madhya Pradesh Civil Courts Act or Section 24 of the Civil Procedure Code to transfer the petition ... The Additional District Judge is a delegate of the powers entrusted to him by the District #HL_....
1997 0 Supreme(J&K) 50 • India - Jammu and Kashmir
M.Y.KAWOOSA
District Judge, has the powers to dispose it off. ... ... Code of Civil Procedure : Section 24. ... Civil Court Act : Section 16. ... The District Judge having transferred the transfer application to the Additional District Judge No.2, the latter was competent to exercise the powers of the District Judge und....
2004 0 Supreme(Cal) 525 • India - Calcutta
BHASKAR BHATTACHARYA
- COURT HELD THAT AN ADDITIONAL DISTRICT JUDGE TO WHOM ANY MATTER HAS BEEN TRANSFERRED BY A DISTRICT JUDGE IN EXERCISE OF POWER ... District Judge in exercise of power conferred under Section 8 of the Bengal, Agra and Assam Civil Courts Act, 1887 is competent ... ARBITRATION - JURISDICTION - ADDITIONAL DISTRICT JUDGE - #HL_STA....
2014 0 Supreme(All) 1763 • India - Allahabad
ARUN TANDON, ARVIND KUMAR MISHRA
by appellant under Section 13—Held, under Section 24 power of transfer is not an exercise of original jurisdiction—It is neither ... Judge in exercise of power of superintendence—No special appeal maintainable. ... 13— Special appeal—Maintainability of—Single Judge while exercising power under Section 24 directed transfer of original suit filed ... The contention so raised on beh....
1981 0 Supreme(Raj) 20 • India - Rajasthan
M.C.JAIN
Having regard to the object of sec. 24 and having regard to the nature of power conferred upon the superior courts, section 24 cannot ... Civil P.C., Sec. 24—Power under section special and subject to provisions of Sec. 38—Superior court may transfer execution proceedings ... ... Section 24 is a special provision conferring general power of transfer ... powers conferred on him under sec....
1966 0 Supreme(MP) 56 • India - Madhya Pradesh
Bishambhar Dayal, S.P.Bhargava, R.J.Bhave
Even the Additional District Judge having his seat in the Revenue District is not authorised to exercise any powers on his own. ... Re can exercise only those powers which are delegated to him by the District Judge. If the provisions of section 20 of the M. ... Civil Courts Act or section 24 of Code of Civil Procedure, as that the Dis....
1982 0 Supreme(Pat) 19 • India - Patna
R.P.SINHA, B.P.JHA, CHAUDHARY SIA SARAN SINHA
Procedure sec. 24 - General Clauses Act, Sec. 3 (17) Power of District Judge and Additional District Judge is coextensive - Both ... applications are filed - District Judge can transfer applications under the Patna Municipal Corporation Act to Additional District ... are equally competent to dispose of any matter - District Judge is the Judge o....
2012 0 Supreme(Mad) 3960 • India - Madras
V.DHANAPALAN
CPC-Held, the District Court No.2, Kancheepuram was not an additional district Court but having independent administrative power ... ranked as No.II, having equal powers as that of a District Court. ... , there was only one District Court and the Court in Kancheepuram was a District Court, No.2 and it did not have power under Sec.24 ... shall exercise the same powers#HL....
2018 0 Supreme(Bom) 991 • India - Bombay
SHANTANU KEMKAR, NITIN W.SAMBRE
Civil Procedure Code, 1908 - Section 24 (3) - interim reliefs - rejecting the recusal application - Special ... District Judge rejected prayer for clubbing of both se Appeals - According to learned Counsel for Petitioners subject matter of both ... matter of challenge in Regular Civil Appeal at behest of present Petitioners - Said Civil Appeal is pending on file of learned District ... Sub-section 3 of Section 24 provides that the c....
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