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Civil Courts Act, 1964 Chapter II - Bare Act

StateKarnataka Government
Year
Section TitleEstablishment and Constitution of Civil Courts
Act Info:

There shall be three classes of Civil Courts subordinate to the High Court, namely, (1) the District Court; (2) the1[Court of Civil Judge (Senior Division)]; and (3) the1[Court of Civil Judge (Junior Division)].

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1. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).


Section 4 - Establishment of a District Court for a district

(1) There shall be a District Court for each district:

Provided that the State Government may, in consultation with the High Court, establish a District Court, for more than one district.

(2) Each District Court shall be presided over by a District Judge.


Section 5 - Appointment of Additional District Judges

(1) The State Government may, on the recommendation of the High Court, appoint one or more Additional District Judges to a District Court for such period as it may deem necessary.

(2) The Additional District Judge so appointed shall, subject to the general or special orders of the High Court, discharge all or any of the functions of the District Judge under this Act, or any other law for the time being in force, which the District Judge may assign to him, and in the discharge of those functions, he shall exercise the same powers as the District Judge.


Section 6 - Establishment of Courts of Civil Judges (Senior Division)

6. Establishment of1[Courts of Civil Judges (Senior Division)]

(1) There shall be a1[Court of Civil Judge (Senior Division)] for each district:

Provided that the State Government may, in consultation with the High Court, establish such a Court for part of a district, or for more than one district, as the case may be.

(2) Each1[Court of Civil Judge (Senior Division)] shall be presided over by a1[Civil Judge (Senior Division)].

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1. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).


Section 7 - Establishment of Courts of a Civil Judges (Junior Division)

7. Establishment of1[Courts of a Civil Judges (Junior Division)]

(1) There shall be in each district such number of1[Courts of Civil Judges (Junior Division)] as may be fixed by the State Government, in consultation with the High Court.

(2) Each1[Court of Civil Judge (Junior Division)] shall be presided over by a1[Civil Judge (Junior Division)].

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1. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).


Section 8 - Number of Civil Judges (Senior Division)and Civil Judges (Junior Division)to the Court of a Civil Judges (Senior Division)or Civil Judge (Junior Division)

8. Number of1[Civil Judges (Senior Division)] and1[Civil Judges (Junior Division)] to the1[Court of a Civil Judges (Senior Division)] or1[Civil Judge (Junior Division)]

The State Government, may, in consultation with, the High Court 9 fix and from time to time vary, by notification, the number of1[Civil Judge (Senior Division)] to be appointed for the Court of a1[Civil Judge (Senior Division)] and the number of1[Civil Judges (Junior Division)] to be appointed for a1[Court of a Civil Judge (Junior Division)].

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1. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).


Section 9 - Distribution of work when more than one Judge is appointed to a Court

(1) When more than one1[Civil Judge (Senior Division)] is appointed to the1[Court of a Civil Judge (Senior Division)], or more than one1[Civil Judge (Junior Division)] is appointed to a1[Court of a Civil Judge (Junior Division)], one of the1[Civil Judges (Senior Division)] or one of the1[Civil Judge (Junior Division)], shall be appointed as the Principal1[Civil Judges (Senior Division)] or the Principal1[Civil Judge (Junior Division)] and the others Additional1[Civil Judges (Senior Division)] or Additional1[Civil Judges (Junior Division)], as the case may be.

(2) Each of the Judges appointed to the1[Court of a Civil Judge (Senior Division)] or a1[Court of a Civil Judge (Junior Division)] may exercise all or any of the powers conferred on such Court by this Act or any other law for the time being in force.

(3) Subject to the general or special orders of the District Judge, the Principal1[Civil Judge (Senior Division)] or the Principal1[Civil Judge (Junior Division)] may, from time to time, make such arrangements as he thinks fit, for the distribution of the business of the Court among the various1[Civil Judges (Senior Division)] or1[Civil Judges (Junior Division)] thereof.

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1. Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).


Section 10 - Locality of Courts

(1) The place or places at which every Civil Court under this Act shall be held shall be fixed and may from time to time be altered, by the State Government in consultation with the High Court.

(2) The places at which the said Courts are being held immediately prior to the appointed day, shall, until an order is made under sub-section (1), be deemed to be the places fixed under sub-section (1).

(3) The places fixed for any Court under this section shall be deemed to be within the local limits of the jurisdiction of that Court.


Section 11 - Seal of Courts

Every Civil Court under this Act, shall use a seal which shall bear thereon the1[Karnataka State Emblem] and shall be in such form, of such dimensions and with the name of the Court in such language, as the State Government may, by order, determine:

Provided that the seals in use in every such Civil Court immediately prior to the appointed day may continue to be used until an order is made by the State Government under this section.

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1. Adapted by the Karnataka Adaptations of Laws Order, 1973 (w.e.f. 01.11.1973).


Section 12 - Existing Courts to be deemed to be Courts established under this Act

(1) The District Courts existing immediately prior to the appointed day shall be deemed to be District Courts established under this Act, until they are reconstituted in accordance with this Act.

(2) The following Courts existing in the State immediately prior to the appointed day, namely:-

(a) the Courts of Civil Judges (Senior Division) in the1[Belgaum Area];

(b) the Courts of Civil Judges in the Mysore Area, and

(c) the Courts of Subordinate Judges,

shall be deemed to be Courts of Civil Judges established under this Act.

(3) The following Courts existing immediately prior to the appointed day, namely:-

(a) the Courts of Civil Judges (Junior Division) in the1[Belgaum Area],

(b) the Courts of Munsiffs in the Mysore Area, the1[Gulbarga Area] and the Coorg District, and

(c) the Courts of District Munsiffs in the1[Mangalore and Kollegal Area],

shall be deemed to be Munsiff's Court established under this Act.

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1. Adapted by the Karnataka Adaptations of Laws Order, 1973 (w.e.f. 01.11.1973).



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