THE BENGAL, AGRA AND ASSAM CIVIL COURTS ACT, 1887 [Act, No. 12 of 1887] [11th March, 1887] PREAMBLE An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam. WHEREAS it is expedient to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam; It is hereby enacted as follows:--
View Complete Act List Judgments citing this section.....2. 2. Substituted for the words "for the time being" by A. O. 1937. 3. The words "and except the Jhansi Division" were omitted by the United Provinces Act, 1890 (20 of 1890), Section 9. Section 2 - Repeal 1[(1)********] (2)1[*] All Courts constituted, appointments, nominations, rules and orders made, jurisdiction and power conferred and lists published under the Bengal Civil Courts Act, 1871b or any enactment thereby repealed, or purporting expressly or impliedly to have been so constituted, made, conferred and published, shall be deemed to have been respectively constituted, made, conferred and published under this Act; and (3) Any enactment or document referring to the Bengal Civil Courts Act, 1871, or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof. ________________________ 1. Sub-section (1) and the word 'But' at the beginning of sub-section (2) were repealed by the Amending Act, (12 of 1891), Section 2 and Sch. 1.
View Complete Act List Judgments citing this section(1) This Act may be called The Bengal1[Agra] and Assam Civil Courts Act, 1887. (2) It extends to the territories2[which were on the 11th March, 1887,] respectively administered by the Lieutenant-Governor of Bengal, the Lieutenant-Governor of the North-Western Provinces and the Chief Commissioner of Assam except such portions of those territories as for the time being are not subject to the ordinary civil jurisdiction of the High Courts3[* * *]; and (3) It shall come into force on the first day of July, 1887. ________________________ 1. Substituted for the words "North-Western Provinces" by the Bengal, Agra and Assam Civil Courts ' (Amendment) Act, (16 of 1911), Section 2. 2. Substituted for the words "for the time being" by A. O. 1937. 3. The words "and except the Jhansi Division" were omitted by the United Provinces Act, 1890 (20 of 1890), Section 9.
View Complete Act List Judgments citing this section1[(1)********] (2)1[*] All Courts constituted, appointments, nominations, rules and orders made, jurisdiction and power conferred and lists published under the Bengal Civil Courts Act, 1871b or any enactment thereby repealed, or purporting expressly or impliedly to have been so constituted, made, conferred and published, shall be deemed to have been respectively constituted, made, conferred and published under this Act; and (3) Any enactment or document referring to the Bengal Civil Courts Act, 1871, or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof. ________________________ 1. Sub-section (1) and the word 'But' at the beginning of sub-section (2) were repealed by the Amending Act, (12 of 1891), Section 2 and Sch. 1.
View Complete Act List Judgments citing this section.....which, if that Court had not ceased to have jurisdiction, might have been had therein may be had in the Court to which the business of the former Court has been transferred. (2) Nothing in this section applies to cases for which provision is made in section 623 or section 649 of the Code of Civil Procedure1or in any other enactment for the time being in force. ________________________ 1. In Bengal, Assam and Bihar, for the words and figures "in section 623 or section 649 of the Code of Civil Procedure" the words and figures "in sections 36, 37 and 114 of, and Rule 1 of Order XLVII in Section I to the Code of Civil Procedure, 1908", have been substituted by Bengal Act 19 of 1935; Assam Act 6 of 1935 and Bihar Act 12 of 1960, Section 2, respectively.
View Complete Act List Judgments citing this sectionThere shall be the following classes of Civil Courts under this Act, namely (1) the Court of the District Judge; (2) the Court of the Additional Judge; (3) the Court of the Subordinate Judge; and (4) the Court of the Munsif.
View Complete Act List Judgments citing this section1 [4 . Number of District Judges, Subordinate Judges and Munsifs The State Government may alter the number of District Judges, Subordinate Judges and Munsifs now fixed.] _________________________ 1. Substituted for the original section by the Devolution Act, 1920 (38 of 1920), Section 2 and Section I.
View Complete Act List Judgments citing this section.....in this section shall be construed to prevent a State Government from appointing a District Judge or Subordinate Judge to discharge, for such period as it thinks fit, in addition to the functions devolving on him as such District Judge or Subordinate Judge, all or any of the functions of another District Judge or Subordinate Judge, as the case may be. _________________________ 1. Substituted for the words "the Governor-General in Council has sanctioned an increase of the number of District Judges or Subordinate Judges" by the Devolution Act, 1920 (38 of 1920), Section 2 and Section I. 2. Substituted for the words "Local Government" by A.O. 1937 and A.L.O. 1950. 3. The words "as the case may be" were omitted by A.O. 1937 and A.L.O. 1950.
View Complete Act List Judgments citing this section(Repealed by A. O. 1937.)
View Complete Act List Judgments citing this section(1) Where the business pending before any District Judge requires the aid of Additional Judges for its speedy disposal, the State Government may,1[having consulted] the High Court2[* * *] appoint such Additional Judges as may be requisite. (2) Additional Judges so appointed shall discharge any of the functions of a District Judgewhich the District Judge may assign to them, and, in the discharge of those functions, they shallexercise the same powers as the District Judge. _________________________ 1. Substituted for the words "upon the recommendation of by A. O. 1937. 2. The words "and with the previous sanction of the Governor-General in Council" were omitted by the Bengal, Agra and Assam Civil Courts (Amendment) Act, 1911 (16 of 1911), Section 3.
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