MEGAL MARKUS PEREIRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A learned single Judge of this Court in M. H. petition No. 2 of 2002 (Shri Umesh Narayan Gokhle V. Shri Ajit M. Mankar) decided on 21 -2-2002 took the view that under the provisions of the Mental health Act, (hereinafter referred to as the "act") , it is the Civil Court which is the District Court within the meaning of section 2 (b) of the Act.

(2.) This judgement was noted by another learned Judge (S. C. Dharmadhikari, J. ) in petition No. 2 of 2003 In Mental Health Petition No. 9 of 2003 In Land Acquisition Reference no. 58 of 1987. In his order dated 6-8-2004, Dharmadhikari, J. took the view the district Court as defined under section 2 (b) of the Act is the High Court in exercise of its ordinary original civil jurisdiction and referred the matter to the learned Chief Justice for assigning the matter to a larger bench. That is how the matters are placed before us for our consideration.

(3.) The limited issue, therefore, is whether the city Civil Court constituted under the provisions of the Bombay City Civil Court act, 1948 or the High Court in exercise of its ordinary original civil jurisdiction is the district Court for the purpose of the Act.