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Section 4A: Transfer of suits and proceedings cognizable under section 3, to City Court.

The Bombay City Civil Court Act, 1948.State Act of Maharashtra · Act 40 of 1948

[4A. [Transfer of suits and proceedings cognizable under section 3, to City Court].- [(1) Notwithstanding anything contained in section 9 of the Bombay City Civil Court and the Bombay Court of Small Causes (Enhancement of Pecuniary Jurisdiction and Amendment) Act, 1986 (Mah. XV of 1987), all suits and proceedings cognizable by the City Court under section 3, and pending in the High Court on the date of coming into force of [section 2 of the Bombay City Civil Court (Amendment) Act, 2023 (Mah. XLVI of 2023)], not being suits or proceedings falling under clauses (a) to (d) of section 3, shall stand transferred to the City Court.]

(2) Any suit or proceeding so transferred shall be heard and disposed of by the City Court and the City Court shall have all the powers and jurisdiction in respect thereof as if it had been originally instituted in that Court.

(3) In any such suit or proceeding institution fees shall be paid credit being given to any Court-fee levied in the High Court and cost incurred in the High Court till the date of transfer shall be assessed by the City Court in such manner as the [State] Government may, after consultation with the High Court, determine by rules.].

Where this provision sits

ActThe Bombay City Civil Court Act, 1948.
Section4A
Marginal noteTransfer of suits and proceedings cognizable under section 3, to City Court.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Bom. 26 of 1950. This section was inserted by Bom. 26 of 1950, s. 3.
  • substituted, Mah. 25 of 2012. This marginal note was substituted by Mah. 25 of 2012, s. 4(b).
  • substituted, Mah. 25 of 2012. Sub-section (1) was substituted by Mah. 25 of 2012, s. 4(a).
  • substituted, Mah. 46 of 2023. These words, figures and brackets "section 4 of the Bombay City Civil Court (Amendment) Act, 2012" were substituted for the words, figures and brackets section 2 of the Bombay City Civil Court (Amendment) Act, 2023" by Mah. 46 of 2023, s. 3.
  • substituted, Bom. 9 of 1951. The word "State" was substituted for the word "Provincial" by Bom. 9 of 1951, s. 3, Second Schedule.

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