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Bengal, Agra and Assam Civil Courts Act, 1887 Complete Act

State: Central

Year: 1887

.....constituted, appointments, nominations, rules and orders made, jurisdiction and power conferred and lists published under the Bengal Civil Courts Act, 1871 or any enactment thereby repealed, or purporting expressly or impliedly to have been so constituted, made, conferred and published, shall be deemed to have been respectively constituted, made,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this Act; and (3) Any enactment or document referring to the Bengal Civil Courts Act, 1871, or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof. State Amendments CHAPTER 02: CONSTITUTION OF CIVIL COURTS SECTION 03: CLASSES OF COURTS - There 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. State Amendments SECTION 04: NUMBER OF DISTRICT JUDGES, SUBORDINATE JUDGES AND MUNSIFS - The State Government may alter the number of District Judges, Subordinate Judges and Munsifs now fixed.]State Amendments SECTION 05: NUMBER OF MUNSIFS - (Repealed by the.....

Bengal Agra and Assam Civil Courts Act, 1887 Chapter II

Title: Constitution of Civil Courts

State: Central

Year: 1887

.....this section. (5) The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to have been fixed under this section. Section 14 - Place of sitting of Courts (1) The State Government may, by notification in the Official Gazette, fix and alter the place or places at which any Civil Court under this Act is to be held. (2) All places at which any such Courts are now held shall be deemed to have been fixed under this section. Section 15 - Vacations of Courts (1) Subject to such orders as may be made1 [** *] 2 [* * * by the State Government 3 [* *]] the High Court shall prepare a list of days to be observed in each year as close holidays in the Civil Courts. (2) The list shall be published in the Official Gazette. (3) A judicial act done by a Civil Court on a day specified in the list shall not be invalid by reason only of its having been done on that day. _________________________ 1.The words "by the Governor-General in Council, in the case of the High Court at Calcutta, and" were omitted by A. O.,1937. 2.The words "in the case of the High Court at Calcutta, and by the Local Government in other cases," had been inserted.....

Bengal Agra and Assam Civil Courts Act, 1887 Chapter VII

Title: Supplemental Provisions

State: Central

Year: 1887

.....of the High Court. Section 39 - Subordination of Courts to District Court For the purposes of the last foregoing section the presiding officer of a Court subject to the administrative control of the District Judge shall be deemed to be immediately subordinate to the Court of the District Judge, and for the purposes of the Code of Civil Procedure, the Court of such an officer shall be deemed to be of a grade inferior to that of the Court of the District Judge. Section 40 - Application of Act to State Courts of Small Causes (1) This section and sections 15, 32, 37, 38 and 39 apply to Courts of Small Causes constituted under the Provincial Small Cause Courts Act, 1887. (2) Save as provided by that Act, the other sections of this Act do not apply to those Courts.

Bengal Agra and Assam Civil Courts Act, 1887 Section 37

Title: Certain Decisions to Be According to Native Law

State: Central

Year: 1887

(1) Where in any suit or other proceeding it is necessary for a Civil Court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution, the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law in cases where the parties are Hindus shall form the rule of decision except in so far as such law has, by legislative enactment, been altered or abolished. (2) In cases not provided for by sub-section (1) or by any other law for the time being in force, the court shall act according to justice, equity and good conscience.

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 Section 11

Title: Decision in Case Heard by a Bench

State: Central

Year: 1887

.....differ as to a question of law or usage having the force of law, or in construing 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.]

Bengal Agra and Assam Civil Courts Act, 1887 Section 10

Title: Temporary Charge of District Court

State: Central

Year: 1887

(1) In the event of the death, resignation or removal of the District Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the Additional Judge, or, if an Additional Judge is not present at that place, the senior Subordinate Judge present thereat, shall, without relinquishing his ordinary duties, assume charge of the office of the District Judge, and shall continue in charge thereof until the office is resumed by the District Judge or assumed by an officer appointed thereto. (2) While in the charge of the Office of the District Judge, the Additional Judge or Subordinate Judge, as the case may be, may, subject to any rules which the High Court may make in this behalf, exercise any of the powers of the District Judge.

Bengal Agra and Assam Civil Courts Act, 1887 Section 11

Title: Transfer of Proceedings on Vacation of Office of Subordinate Judge

State: Central

Year: 1887

(1) In the event of the death, resignation or removal of a Subordinate Judge, or of his being incapacitated by illness or otherwise for the performance of his duties or of his absence from the place at which his Court is held, the District Judge may transfer all or any of the proceedings pending in the Court of the Subordinate Judge either to his own Court or to any Court under his administrative control competent to dispose of them. (2) Proceedings transferred under sub-section (1) shall be disposed of as if they had been instituted in the Court to which they are so transferred; (3) Provided that the District Judge may retransfer to the Court of the Subordinate Judge or his successor any proceedings transferred under sub-sec. (1) to his own or any other Court. (4) For the purposes of proceedings which are not pending in the Court of the Subordinate Judge on the occurrence of an event referred to in sub-section (I), and with respect to which that Court has exclusive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that Court.