Bombay City Civil Court (Amendment) Bill, 2012

[L. A. Bill No. VIII of 2012.]

A

Bill

further to amend the Bombay City Civil Court Act, 1948.

WHEREAS it is expedient further to amend the Bombay City Civil Court Act, 1948, for the purposes hereinafter appearing; it is hereby enacted in the Sixty-third Year of the Republic of India as follows:-

1. Short title and commencement:-

(1) This Act may be called the Bombay City Civil Court (Amendment) Act, 2012.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed f9r different provisions of the Act:

2. Amendment of section 2 of Bom. XL of 1948:-In section 2 of the Bombay City Civil Court Act, 1948 (hereinafter referred to as "the principal Act "), after clause (3), the following clause shall be inserted, namely;-

" (3A) "intellectual property matters" means the suits and civil proceedings relating to trade marks, copyright, patents, designs and geographical indications, plant varieties and the rights of farmers and plant breeders and Lay-out design (Topographies) of Integrated Circuits; ".

3. Amendment of section 3 of Bom. XL of 1948:- In section 3 of the principal Act,-

(a) after the words "proceedings of a civil nature" the words ", not exceeding rupees one.. crore in value," shall be inserted;

(b) after clause (c), the following clauses shall be inserted, namely;-

"(c-l) by the High Court under the Parsi Marriage and., Divorce Act, 1936; or

3 of 1936.

(c-2) by the High Court in respect of intellectual property matters; or ";

(c) for the existing proviso, the following proviso shall be substituted, namely:-'-

"Provided that, the State Government may, from time to time, after consultation with the High Court, by notification in the Official Gazette, enhance the pecuniary jurisdiction of the City Court and correspondingly alter the pecuniary jurisdiction of the High Court.".

4. Amendment of section 4A of Bom. XL of 1948:- In section 4A of the principal Act,-

(a) for sub-section (1), the following sub-section shall be substituted, namely:-

"(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, 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 4 of the Bombay City Civil Court (Amendment) Act, 2012, not being...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT