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Provincial Small Cause Courts Act, 1887 Chapter II

Title: Constitution of Courts of Small Causes

State: Central

Year: 1887

.....a document the construction of which may affect the merits, they shall draw up and refer, for the decision of the High Court, a statement of the facts of the case and of the point on which they differ in opinion, and the provisions of [See now ss.113 and 115 and the First Schedule, Order XLVI, of the Code of Civil procedure, 1908 (Act 5 of 1908)] Chapter XLVI of the Code of Civil Procedure (14 of 1882) shall apply to the reference. (2) If they differ on any matter other than a matter specified in sub-section (1), the opinion of the Judge who is senior in respect of date of appointment as Judge of a Court of Small Causes, or, if one of them is an Additional Judge, then the opinion of the Judge sitting with him, shall prevail. (3) For the purposes of sub-section (2), a Judge permanently appointed shall be deemed to be senior to an officiating Judge. [This section has been amended in its application to the Bombay Presidency by the Provincial Small Cause Courts (Bombay Amendment) Act, 1930 (Bom.6 of 1930), s.2.] Section 12 - Registrar [Subs. by the A.O.1937 for the original sub-section which read: "(1) The L.G. may appoint to a Court of Small Causes an officer to be.....

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Provincial Small Cause Courts Act, 1887 Chapter III

Title: Jurisdiction of Courts of Small Causes

State: Central

Year: 1887

(1) A Court of Small Causes shall not take cognizance of the suits specified in the second schedule as suits excepted from the cognizance of a Court of Small Causes. (2) Subject to the exceptions specified in that schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature of which the value does not exceed five hundred rupees shall be cognizable by a Court of Small Causes. (3) Subject as aforesaid, the State Government may, by order in writing, direct that all suits of a civil nature of which the value does not exceed one thousand rupees shall be cognizable by a Court of Small Causes mentioned in the order [For notifications issued under this section, see different local R. and O.] Section 16 - Exclusive jurisdiction of Courts of Small Causes Save as expressly provided by this Act or by any other enactment for the time being in force, a suit cognizable by a Court of Small Causes shall not be tried by any other Court having jurisdiction within the local limits of the jurisdiction of the Court of Small Causes by which the suit is triable.

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Small Cause Courts Act, 1964 Chapter II

Title: Constitution of Courts of Small Causes

State: Karnataka

Year: 1964

..... (3) The High Court may, by notification, confer upon a Registrar, if he is a person in the judicial service of the State, the jurisdiction of a Judge for the trial of suits of which the value does not exceed fifty rupees. (4) The Registrar shall try such suits cognizable by him as the Judge may, by general or special order, direct. Section 7 - Duties of ministerial officers (1) The ministerial officers of a Court of Small Causes shall, in addition to any duties mentioned in this Act, or in any other law for the time being in force, as duties which are or may be imposed on any of them, discharge such duties of a ministerial nature as the Judge directs. (2) The High Court may make rules consistent with this Act, and with any other law for the time being in force, conferring and imposing on the ministerial officers of a Court of Small Causes such powers and duties as it thinks fit, and regulating the mode in which powers and duties so conferred and imposed are to be exercised and performed.

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Small Cause Courts Act, 1964 Chapter III

Title: Jurisdiction of Courts of Small Causes

State: Karnataka

Year: 1964

(1) A Court of Small Causes shall not take cognizance of the suits specified in the Schedule as suits excepted from the cognizance of a Court of Small Causes. (2) Subject to the exceptions specified in the Schedule and to the provisions of any law for the time being in force, all suits of a civil nature of which the value does not exceed five hundred rupees shall be cognizable by a Court of Small Causes: Provided that the State Government, in consultation with the High Court, may by notification, direct that all suits of which the value does not exceed1[twenty five thousand] rupees shall be cognizable by a Court of Small Causes mentioned in the notification. _______________________ 1. Substituted by Act 13 of 1989 w.e.f. 17.4.1989. Section 9 - Exclusive jurisdiction of Courts of Small Causes Save as expressly provided by this Act or by any other law for the time being in force, a suit cognizable by a Court of Small Causes shall not be tried by any other Court having jurisdiction, within the local limits of the jurisdiction of the Court of Small Causes by which the suit is triable.

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Presidency Small Cause Courts Act, 1882 Section 9

Title: Procedure and Practice of Small Cause Court

State: Central

Year: 1882

.....the procedure or practice of the Small Cause Court on or before the thirty-first day of December, 1894, in or under this Act or any other enactment for the time being in force; and {Inserted by Act 3 of 1899, section 4.} [(aa) empower the Registrar to hear and dispose of undefended suits and interlocutory applications or matters, and] (b) cancel or vary any such rule or rules. Rules made under this section may provide, among other matters, for the exercise by one or more of the Judges of the Small Cause Court of any powers conferred on the Small Cause Court by this Act or any other enactment for the time being in force. (2) The law, and any rules and declarations made, or purporting to be made, thereunder, with respect to procedure or practice, in force or treated as in force in the Small Cause Court on the thirty-first day of December, 1894, shall be in force, unless and until cancelled or varied by rules made by the High Court under this section.]

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Small Cause Courts Act, 1964 Section 25

Title: Application of Act to Courts Invested with Jurisdiction of Court of Small Causes

State: Karnataka

Year: 1964

(1) So much of Chapters III and IV as relates to,- (a) the nature of the suits cognizable by Courts of Small Causes, (b) the exclusion of the jurisdiction of other Courts in those suits, (c) the practice and procedure of Courts of Small Causes, (d) appeal from certain orders of those Courts and revision of cases decided by them, and (e) the finality of their decrees and orders subject to such appeal and revision as are provided by this Act, applies to Courts invested by or under any law for the time being in force, with the jurisdiction of a Court of Small causes, so far as regards the exercise of that jurisdiction by those Courts. (2) Nothing in sub-section (1) with respect to Courts invested with the jurisdiction of a Court of Small Causes applies to suits instituted or proceedings commenced in those Courts before the date on which they were invested with that jurisdiction.

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Provincial Small Cause Courts Act, 1887 Section 32

Title: Application of Act to Courts Invested with Jurisdiction of Court of Small Causes

State: Central

Year: 1887

(1) So much of Chapters III and IV as relates to (a) the nature of the suits cognizable by Courts of Small Causes, (b) the exclusion of the jurisdiction of other Courts in those suits, (c) the practice and procedure of Courts of Small Causes, (d) appeal from certain orders of those Courts and revision of cases decided by them, and (e) the finality of their decrees and orders subject to such appeal and revision as are provided by this Act, applies to Courts invested by or under any enactment for the time being in force with the jurisdiction of a Court of Small Causes so far as regards the exercise of that jurisdiction by those Courts. (2) Nothing in sub-section (1) with respect to Courts invested with the jurisdiction of a Court of Small Causes applies to suits instituted or proceedings commenced in those Courts before the date on which they were invested with that jurisdiction.

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Small Cause Courts Act, 1964 Section 20

Title: Subordination of Courts of Small Causes

State: Karnataka

Year: 1964

(1)A Court of Small Causes shall be subject to the administrative control of the DistrictCourt, and to the superintendence of the High Court, and shall,- (a) keep such registers, books and accounts as the High Courtfrom time to time prescribes, and (b) comply with such requisitions as may be made by the DistrictCourt or the High Court, for records, returns and statements in such form andmanner as the authority making the requisition directs. (2)The relation of the District Court to a Court of Small Causes, with respect toadministrative control shall be the same as that of the District Court to aCivil Court of the lowest grade competent to try an original suit of the valueof ten thousand rupees in that portion of the 1 [State of Karnataka]in which the Court of Small Causes is established. 2 [(3) Notwithstanding anything contained in sub-sections(1) and (2) the Court of Small Causes in the City of Bangalore shall besubordinate to and subject to the administrative control and superintendence ofthe High Court.] ______________________ 1. Adopted by the Karnatakaadoptation of Laws order 1973 w.e.f. 1.11.1973. 2. Inserted by Act 13 of 1980w.e.f.17.11.1980.

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Small Cause Courts Act, 1964 Section 8

Title: Cognizance of Suits by Courts of Small Causes

State: Karnataka

Year: 1964

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Presidency Small Cause Courts Act, 1882 Section 39

Title: Removal of Certain Causes into High Court

State: Central

Year: 1882

.....the High Court on such an application may either remove the suit to its own file or transfer the same to the Madras City Civil Court, see Mad Act 5 of 1916, section 3}. {Substituted by Act 4 of 1906, section 3, for the original sub-section (2).} (2) Unless the Judge is of opinion that the application has been made solely for the purpose of delay, the applicant shall be entitled to such order as of right: Provided that the removal directed by such order shall, unless the Judge otherwise directs, be conditional upon the applicant giving security, to the approval of the Judge, within a reasonable time to be prescribed in the order for the payment of the amount claimed and of the costs which may become payable by him to the plaintiff in respect of the said suit.] (3) If the applicant fail or neglect to complete the required security (if any) within the prescribed time (if any), the said order shall be discharged and the suit shall proceed in the Small Cause Court as if such order had never been made. (4) If the plaintiff in any case which has been removed under this section into the High Court has abandoned a portion of his claim in order to be able to bring the suit.....

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