Conflict of jurisdictionCentral

Section 196 of The Ajmer Tenancy and Land Records Act, 1950

Reference to Judicial Commissioner.

(1)Where either a civil or a revenue court is in doubt whether it is competent to try any case, the court may refer such case with a statement of the reasons therefor to the Judicial Commissioner: Provided that if the court is a revenue court subordinate to the collector, no reference shall be made except with the previous sanction of the collector.
(2)On any such reference being made, the Judicial Commissioner may order the court either to proceed with the case or transfer such case to such other court as may be declared by him to be competent to try it.

Summary

This section provides a way to solve disagreements when a civil court and a revenue court are both unsure which one is allowed to hear a case.
In such situations, the court can send the case to the Judicial Commissioner for a final ruling on which court has the power to try it.
If the court having the doubt is a lower revenue court, it must get permission from the Collector before asking the Judicial Commissioner.
Once the Judicial Commissioner gets the reference, he can tell the original court to go ahead with the case or move it to a different court that he decides is the right one.

Practical examples

1A landlord files a case in a revenue court, but the judge thinks it might actually be a civil contract matter. The judge is confused about his own power to hear it. He asks the Collector for permission and then sends the file to the Judicial Commissioner to settle the jurisdictional doubt.

2A civil court judge is about to start a land trial but suspects it belongs in a revenue court under the 1950 Act. Instead of dismissing it and wasting time, the judge refers the case to the Judicial Commissioner for a clear instruction on where the case should be tried.

FAQ

1. Who resolves conflicts between civil and revenue courts under Section 196 of The Ajmer Tenancy and Land Records Act, 1950?

The Judicial Commissioner has the authority to decide which court is competent to try a case under Section 196 of The Ajmer Tenancy and Land Records Act, 1950.

2. Can a small revenue court ask the Judicial Commissioner for help directly under the Ajmer Tenancy Act?

No, Section 196 of the Ajmer Tenancy Act requires a revenue court subordinate to the Collector to get the Collector's sanction first.

3. What can the Judicial Commissioner do with a case referred under Section 196 of the Ajmer Land Records Act?

He can order the original court to proceed or transfer the case to another court he declares competent according to Section 196 of the Act.

4. Does Section 196 of the Ajmer Tenancy Act apply if a court is certain of its jurisdiction?

No, Section 196 specifically applies when a civil or revenue court is in doubt whether it is competent to try a case.

Test yourself

Q1.Under Section 196 of The Ajmer Tenancy and Land Records Act, 1950, a reference is made when a court is in doubt about its:

Q2.Which official must give permission to a lower revenue court before it makes a reference under Section 196 of the Ajmer Tenancy Act?

Q3.What must accompany a case referred to the Judicial Commissioner under Section 196 of the Ajmer Land Records Act?

Q4.Under Section 196 of the Ajmer Tenancy Act, who can the Judicial Commissioner order to proceed with a case?

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Conflict of jurisdictionCentral

Section 196 of The Ajmer Tenancy and Land Records Act, 1950

Reference to Judicial Commissioner.

(1)Where either a civil or a revenue court is in doubt whether it is competent to try any case, the court may refer such case with a statement of the reasons therefor to the Judicial Commissioner: Provided that if the court is a revenue court subordinate to the collector, no reference shall be made except with the previous sanction of the collector.
(2)On any such reference being made, the Judicial Commissioner may order the court either to proceed with the case or transfer such case to such other court as may be declared by him to be competent to try it.

Summary

This section provides a way to solve disagreements when a civil court and a revenue court are both unsure which one is allowed to hear a case.
In such situations, the court can send the case to the Judicial Commissioner for a final ruling on which court has the power to try it.
If the court having the doubt is a lower revenue court, it must get permission from the Collector before asking the Judicial Commissioner.
Once the Judicial Commissioner gets the reference, he can tell the original court to go ahead with the case or move it to a different court that he decides is the right one.