Bare Act Search Results

The Kerala Small Cause Courts Act, 1957 [1] Complete Act

State: Kerala

Year: 1957

.....by a Court of Small Causes mentioned in the notification. 13. 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. CHAPTER IV PRACTICE AND PROCEDURE 14. Application of the Code of civil Procedure.- (1) The procedure prescribed in the Code of Civil Procedure, 1908 (5 of 1908), shall save in so far as is otherwise provided by that Code or by this Act, be the procedure followed in a Court of Small causes in all suits cognizable by it in all proceedings arising out of such suits: Provided that an applicant for an order to set aside a decree passed exparte or for a review of judgment shall, at the time of presenting his application, either deposit in the Court the amount due from him under the decree or in pursuance of the judgment, or give such security for the performance of the decree or compliance with the judgment as the Court may, on a previous application made by him in this behalf,.....

Presidency Small Cause Courts Act, 1882 Complete Act

State: Central

Year: 1882

.....officer appointed under this Act shall, during his continuance as such Judge or officer, either by himself or as a partner of any other person, practice or act, either directly or indirectly, as an advocate, attorney, vakil or other legal practitioner or be concerned, either on his own account of for any other person, or as the partner of any other person, in any trade or profession. Any such Judge or officer so practicing, acting or concerned shall be deemed o have committed an offence under section 168 of the Indian Penal Code (XLV of 1860) Nothing herein contained shall be deemed to prohibit any such Judge or officer from being a member of any company incorporated or registered under Royal Charter, Letters Patent, 1[Act of Parliament of the United Kingdom or Central Act or Provincial Act or 2[State Act]. CHAPTER 03: LAW ADMINISTERED BY THE COURT SECTION 16: QUESTION ARISING IN SUITS, ETC. UNDER ACT TO BE DECIDED ACCORDING TO LAW ADMINISTERED BY HIGH COURT All questions, other than questions relating to procedure or practice, which arise in suits or other proceedings under this Act in the Small Cause Court shall be dealt with and determined according to the law for the.....

Small Cause Courts Act, 1964 Chapter v

Title: Supplementary Provisions

State: Karnataka

Year: 1964

.....or proceedings commenced in those Courts before the date on which they were invested with that jurisdiction. Section 26 - Application of Act and Code to Courts so invested as to two Courts Section 27 - Modification of Code as so applied Notwithstanding anything in section 25 or section 26, (a) when in exercise of the jurisdiction of a Court of Small Causes, a Court invested with that jurisdiction sends a decree for execution to itself as a Court having jurisdiction in suits of a civil nature, which are not cognizable by a Court of Small Causes, or (b) when a Court in the exercise of its jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, sends a decree for execution to itself as a Court invested with the jurisdiction of a Court of Small Causes, the documents mentioned in rule 6 of Order XXI of the Code shall not be sent with the decree, unless in any case the Court, by order in writing, requires them to be sent. Section 28 - Continuance of proceedings of abolished Courts (1) Where a Court of Small Causes or a Court invested with the jurisdiction of a Court of Small Causes, has from any cause ceased to have.....

The Presidency Small Cause Courts (Bombay Amendment) Act, 1933 Complete Act

State: Central

Year: 1933

.....arc, in many particulars defective, and that though, owing to the efficient manner in which they have been worked, they have generally given satisfaction, questions have often to be discussed in them which, to use the words of a late Small Cause Court Judge, now on the Bench of the Madras High Court, are totally foreign to the people who resort to them; and some of which have only an historic interest even in England. The need of completely revising the law relating to these Courts was pointed out many years ago by Mr. Fagan and Mr. Boulnois, two of the ablest Judges who have presided in the Calcutta Small Cause Court; and in the year 1868, a Bill was drafted for this purpose by Mr. Pitt Kennedy, but further action in the matter has been, from time to Lime, postponed pending the consideration of certain proposals regarding the jurisdiction and powers of the Courts. These proposals having been fully discussed, as near an approach to unanimity regarding them as can well be hoped for has been attained, and the present Bill has accordingly been prepared to consolidate and amend the entire law. The most important change introduced by i lies in the extension of the pecuniary limit.....

Presidency Small Cause Courts Act, 1882 Chapter II

Title: Contitution and Officers of the Court

State: Central

Year: 1882

.....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.] Section 10 - Chief Judge to distribute business of Court Subject to such rules, the Chief Judge may, from time to time, make such arrangements as he thinks fit for the distribution of the business of the Court among the various Judges thereof. Section 11 - Procedure in case of difference of opinion Save as hereinafter otherwise provided, when two or more of the Judges sitting together differ on any question, the opinion of the majority shall.....

Presidency Small Cause Courts Act, 1882 Chapter IV

Title: Jurisdiction in Respect of Suits

State: Central

Year: 1882

.....of the Central Government {The words "the Crown Representative" were omitted by the A.O, 1950}, or the State Government;] (c) suits concerning any act ordered or done by any Judge or judicial officer in the execution of his office, or by any person in pursuance of any judgment or order of any Court or any such Judge or judicial officer; (d) suits for the recovery of immovable property; (e) suits for the partition of immovable property; (f) suits for the foreclosure or redemption of a mortgage of immovable property; (g) suits for the determination of any other right to or interest in immovable property; (h) suits for the specific performance or rescission of contracts; (i) suits to obtain an injunction; (j) suits for the cancellation or rectification of instruments; (k) suits to enforce a trust; (I) suits for a general average loss and suits on policies of insurance on sea-going vessels; (m) suits for compensation in respect of collisions on the high seas; (n) suits for compensation for the infringement of a patent, copyright or trade-mark; (o) suits for a dissolution of partnership or for an account of partnership-transactions; (p) suits for an account.....

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.....

Provincial Small Cause Courts Act, 1887 Chapter v

Title: Supplemental Provisions

State: Central

Year: 1887

.....or proceedings commenced in those Courts before the date on which they were invested with that jurisdiction. Section 33 - Application of Act and Code to Court so invested as to two Courts A Court invested with the jurisdiction of a Court of Small Causes with respect to the exercise of that jurisdiction, and the same Court with respect to the exercise of its jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, shall, for the purposes of this Act and the [See now the Code of Civil Procedure, 1908 (Act 5 of 1908)] Code of Civil Procedure (14 of 1882), be deemed to be different Courts. Section 34 - Modification of Code as so applied Notwithstanding anything in the last two foregoing sections, (a) when, in exercise of the jurisdiction of a Court of Small Causes, a Court invested with that jurisdiction sends a decree for execution to itself as a Court having jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, or (b) when a Court, in the exercise of its jurisdiction in suits of a civil nature which are not cognizable by a Court of Small Causes, sends a decree for execution to itself as.....

Small Cause Courts Act, 1964 Section 21

Title: Vacation

State: Karnataka

Year: 1964

.....Judge, Court of Small Causes,shall be held, shall be the same at which the Court of Small Causes concernedmay be held. The Senior Vacation Judge or the Vacation Judge as the case maybe, shall have such administrative control over the staff of the Court of theSmall Causes concerned, as the High Court may, by general or special order,determine. (6)Notwithstanding the designation of the Vacation Judge or Judges, the Courts ofSmall Causes concerned shall during the period it is adjourned for anyvacation, be deemed to be closed for the purposes of section 4 of theLimitation Act, 1963 (Central Act 36 of 1963).] _______________________ 1.Subsection 1 to 6 substituted byAct 26 of 1985 w.e.f. 29.4.1985. 2. Substituted by Act 11 of 1981w.e.f. 4.4.1981

Presidency Small Cause Courts, Code of Civil Procedure and Tamil Nadu Courtfees and Suits Valuation (Amendment) Act, 1979 Complete Act

State: Tamil Nadu

Year: 1979

.....Act, 1882 (Central Act XV of 1882) (hereinafter referred to as the principal act) shall be omitted. 3. Omission of the Fourth and Fifth Schedules to Central Act XV of 1882. " The Fourth and Fifth Schedules to the Principal Act shall be omitted. 4. Amendment of Central Act V of 1908 " In the Code of Civil Procedure 1908 (Central Act V of 1908) in the first Schedule in Order LI in rule 1, for the expression "and rule 4 of Order XXVI" the expression "rule 4 of Order XXVI and Order XXXIII" shall be substituted. 5. Amendment of section 2, Tamil Nadu Act XIV of 1955 - In section 2 of the Tamil Nadu Court " Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955), iin sub-section (1) , clause (a) shall be omitted and the provisions of the said Tamil Nadu court " fees and suits valuation act, 1955 shall apply to proceedings in the presidency court of small cause, madras. Tamil Nadu State Acts