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Presidency Small Cause Courts Act, 1882 Section 39

Title : Removal of Certain Causes into High Court

State : Central

Year : 1882

(1) In any suit instituted in a Small Cause Court in which the amount or value of the subject-matter exceeds the sum of one thousand rupees, the defendant or any one of the defendants may, before the day fixed by the summons for the appearance of the defendant or within eight days after the service of the summons on him, whichever period shall last expire, apply ex parte on an affidavit setting forth the facts on which he relies for his defence to a Judge of the High Court for an order removing the cause into the High Court {In Madras, 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)..... View Complete Act      List Judgments citing this section

Presidency Small Cause Courts Act, 1882 Chapter IX

Title : References to High Court

State : Central

Year : 1882

{Subs.by Act 4 of 1906, s.4, for the original s.69.} (1) If two or more Judges of the Small Cause Court sit together in any suit, or in any proceeding under Chapter VII of this Act, and differ in their opinion as to any question of law or usage having the force of law or the construction of a document, which construction may affect the merits, or if in any suit or in any such proceeding, in which the amount or value of the subject-matter exceeds five hundred rupees, any such question arises upon which the Court entertains reasonable doubt, and either party so requires, the Small Cause Court shall draw up a statement of the facts of the case and the point on which there is a difference of opinion or on which doubt is entertained, and refer such statement with its own opinion on the..... View Complete Act      List Judgments citing this section

Presidency Small Cause Courts Act, 1882 Chapter XII

Title : Contempt of Court

State : Central

Year : 1882

[Procedure of Court in certain cases of contempt.Record in such cases.Procedure where Court considers that case should not be dealt with under section 83.Discharge of offender on submission or apology.]Rep.by the Repealing and Amending Act, 1914 (10 of 1914), section 3 and Schedule II. Section 84 - [Repealed] [Procedure of Court in certain cases of contempt.Record in such cases.Procedure where Court considers that case should not be dealt with under section 83.Discharge of offender on submission or apology.]Rep.by the Repealing and Amending Act, 1914 (10 of 1914), section 3 and Schedule II. Section 85 - [Repealed] [Procedure of Court in certain cases of contempt.Record in such cases.Procedure where Court considers that case should not be dealt with under section 83.Discharge of..... View Complete Act      List Judgments citing this section

Colonial Courts of Admiralty (India) Act, 1891 Preamble 1

Title : Colonial Courts of Admiralty (India) Act, 1891

State : Central

Year : 1891

THE COLONIAL COURTS OF ADMIRALTY (INDIA) Act, 1891 [Act, No. 16 of 1891] [AS ON 1955] [14th May, 1891] PREAMBLE An Act to declare certain courts in India to be Colonial Courts of Admiralty. WHEREAS it is provided by the Colonial Courts of Admiralty Act,1890, that the legislature of a British possession may by any colonial law declare any Court of unlimited civil jurisdiction in that possession to be a Colonial Court of Admiralty ; And whereas it is expedient, in pursuance of that provision, to declare certain Courts in India to be colonial Courts of Admiralty ; It is hereby enacted as follows :-- View Complete Act      List Judgments citing this section

Colonial Courts of Admiralty (India) Act, 1891 Section 2

Title : Appointment of Colonial Court Admiralty

State : Central

Year : 1891

The following Courts of unlimited civil jurisdiction are hereby declared to be Colonial Courts of Admiralty, namely :-- (1) the High Court of Judicature at Fort William in Bengal, (2) the High Court of Judicature at Madras {Ins. By the A.O.1948.}[and] (3) the High Court of Judicature at Bombay, {The word "and" was rep. By the A.O.1948.} {The words figures "(4) the High Court of judicature at Rangoon, (5) the Court of the Resident at Aden, and" were rep. By the A.O.1937 and "(6) the District Court of Karachi" rep. By the A.O.1948.} View Complete Act      List Judgments citing this section

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..... View Complete Act      List Judgments citing this section

Provincial Small Cause Courts Act, 1887 Section 28

Title : Subordination of Courts of Small Causes

State : Central

Year : 1887

(1) A Court of Small Causes shall be subject to the administrative control of the District Court and to the superintendence of the High Court, and shall (a) keep such registers, books and accounts as the High Court from time to time prescribes, and (b) comply with such requisitions as may be made by the District Court, the High Court or the State Government for records, returns and statements in such form and manner as the authority making the requisition directs. (2) The relation of the District Court to a Court of Small Causes, with respect to administrative control, shall be the same as that of the District Court to a Civil Court of the lowest grade competent to try an original suit of the value of five thousand rupees in that portion of the territories administered by the..... View Complete Act      List Judgments citing this section

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..... View Complete Act      List Judgments citing this section

Prisoners (Attendance in Courts) Act, 1955 Section 3

Title : Power of Courts to Require Appearance of Prisoners to Give Evidence or Answer a Charge

State : Central

Year : 1955

(1) Any civil or criminal court may, if it thinks that the evidence of any person confined in any prison is material in any matter pending before it, make an order in the form set forth in the First Schedule, directed to the officer in charge of the prison: Provided that no civil court shall make an order under this sub-section in respect of a person confined in a prison situated outside the State in which the court is held. (2) Any criminal court may, if a charge of an offence against a person confined in any prison is made or pending before it, make an order in the form set forth in the Second Schedule, directed to the officer in charge of the prison. (3) No order made under this section by a civil court which is subordinate to a district judge shall have effect unless it is..... View Complete Act      List Judgments citing this section

Contempt of Courts Act, 1971 Section 12

Title : Punishment for Contempt of Court

State : Central

Year : 1971

(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both: Provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court. Explanation.--An apology shall not be rejected merely on the ground that it is qualified or conditional if the accused makes it bona fide. (2) Notwithstanding a]nything contained in any law for the time being in force, no court shall impose a sentence in excess of that specified in sub-section (1) for any Contempt either in respect of itself or of a court subordinate to it. (3) Notwithstanding..... View Complete Act      List Judgments citing this section


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