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Start Free TrialPresidency Small Cause Courts Act, 1882 Chapter V
Title: Procedure in Suits
State: Central
Year: 1882
.....any minor may institute a suit for any sum of money not exceeding five hundred rupees, which may be due to him under section 70 of the Indian Contract Act, 1872 (9 of 1872), for wages or piecework or for work as a servant, in the same manner as if he were of full age. Section 33 - Power to delegate non-judicial duties Any non-judicial or quasi-judicial act which the Code of Civil Procedure (14 of 1882) {See now the Code of Civil Procedure, 1908 (Act 5 of 1908)} as applied by this Act requires to be done by a Judge, and any act which may be done by a Commissioner appointed to examine and adjust accounts under section 394 of that Code as so applied, may be done by the Registrar of the Small Cause Court or by such other officer of that Court as that Court may, from time to time, appoint in this behalf. The High Court may, from time to time, by rule, declare what shall be deemed to be non-judicial and quasi-judicial acts within the meaning of this section. Section 34 - Registrar to hear and determine suits like a Judge The suits cognizable by the Registrar under section 14 shall be heard and determined by him in like manner in all respects as a Judge of the Court might hear.....
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 6
Title: Court to Be Deemed Under Superintendence, Etc., of High Court
State: Central
Year: 1882
.....dated the twenty-eighth day of December, 1865, for such High Courts, and within the meaning of the {See now the Code of Civil Procedure, 1908 (Act 5 of 1908)} Code of Civil Procedure (14 of 1882) { Inserted by Act 1 of 1895, section 2}[and to be a Court subordinate to the High Court within the meaning of section 6 of the Legal Practitioners Act, 1879 (18 of 1879)], and the High Court shall have, in respect of the Small Cause Court, the same powers as it has under the {The Indian High Courts Act, 1861, was repealed by the G.of I.Act, 1915.See now the Constitution of India, Art.227}twenty-fourth and twenty-fifth of Victoria, Chapter 104, section 15, in respect of Courts subject to its appellate jurisdiction. {Substitute by the A.O.1937 for the original section 7.Cf.Constitution of India, Arts.233-236.} _______________________ 1. Substituted for the words "the High Court at Judicature at Fort William" by the Presidency Small Cause Courts (West Bengal Amendment) Act 1958 w.e.f. 01-11-1958.
View Complete Act List Judgments citing this sectionPresidency 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.....
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 19A
Title: Return of Plaint
State: Central
Year: 1882
Whenever the Court finds that for want of jurisdiction it cannot finally determine the question at issue in the suit, it may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the question When the Court so returns a plaint, it shall comply with the provisions of the second paragraph of section 57 of the Code of Civil Procedure (14 of 1882) {See now the Code of Civil Procedure, 1908 (Act 5 of 1908) Schedule I, Order VII, rule 10 (2)}and make such order with respect to costs as it may think just, and the Court shall for the purposes of the Indian Limitation Act, 1877 (15 of 1877),{See now the Indian Limitation Act, 1908 (9 of 1908)} be deemed to have been unable to entertain the suit by reason of defect of jurisdiction When a plaint so returned is afterwards presented to a High Court, credit shall be given to the plaintiff for the amount of the court-fee paid in the Small Cause Court in respect of the plaint in the levy of any fees which according to the practice of the High Court are credited to the Government.]
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Chapter VII
Title: Recovery of Possession of Immovable Property
State: Central
Year: 1882
.....by virtue of a title which determined previous to the date of the application, he shall be deemed to have shown cause within the meaning of this section. Section 44 - Such order to justify bailiff entering on property and giving possession.Bar to proceedings against Judge or officer for issuing, etc., order or summons Any such order shall justify the bailiff to whom it is addressed in entering after the hour of six in the morning and before the hour of six in the afternoon upon the property named therein, with such assistants as he thinks necessary, and giving possession of such property to the applicant: and no suit or prosecution shall be maintainable against any Judge or officer of the Small Cause Court by whom any such order as aforesaid was issued, or against any bailiff or other person by whom the same was executed, or by whom any such, summons as aforesaid was served, for the issue, execution or service of any such order or summons, by reason only that the applicant was not entitled to the possession of the property. Section 45 - Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings.Occupant may sue for compensation When.....
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Chapter IX
Title: References to High Court
State: Central
Year: 1882
.....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 point for the opinion of the High Court; and the provisions of sections 619 to 621 of the {See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch.I, Order XLVI, rules 3 to 5} Code of Civil Procedure (14 of 1882), shall, so far as they are applicable, be deemed to apply as if such reference had been made under section 617 {See now rule 1, ibid} of the said Code. (2) When the Small Cause Court refers any question for the opinion of the High Court as provided in sub-section (1), it shall either reserve judgment or give judgment contingent upon such opinion.] Section 70 - Security to be furnished on such reference by party against whom contingent judgment given When judgment is given under section 69 contingent upon the opinion of the High Court, the party against whom such judgment is given shall at once furnish security, to be approved by the Small Cause Court,.....
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 69
Title: Reference when Compulsory
State: Central
Year: 1882
.....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 point for the opinion of the High Court; and the provisions of sections 619 to 621 of the {See now the Code of Civil Procedure, 1908 (Act 5 of 1908), Sch.I, Order XLVI, rules 3 to 5} Code of Civil Procedure (14 of 1882), shall, so far as they are applicable, be deemed to apply as if such reference had been made under section 617 {See now rule 1, ibid} of the said Code. (2) When the Small Cause Court refers any question for the opinion of the High Court as provided in sub-section (1), it shall either reserve judgment or give judgment contingent upon such opinion.]
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Chapter III
Title: Of the Duties and Liabilities of Trustees
State: Central
Year: 1882
.....the Slate Government of Bombay]; 15[(d) in debentures or other securities for money issued, under the authority of16[any Central Act or Provincial Act or State Act], by or on behalf of any municipal body, port trust or city improvement trust in any Presidency-town, or in Rangoon town, or by or on behalf of the trustees of the port of Karachi:] 17[Provided that after the 31st day of March, 1948, no money shall be invested in any securities issued by or on behalf of a municipal body, port trust or city improvement trust in Rangoon town, or by or on behalf of trustees of the port of Karachi:] (e) On a first mortgage of immovable property situate in18[any part of the territories to which this Act extends]: Provided that the property is not a leasehold for a term of years and that the value of the property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the mortgage-money; 19[* * *] 20[(ee) in units issued by the Unit Trust of India under any unit scheme made under section 21 of the Unit Trust of India Act, 1963; or] (f) on any other security expressly authorized by the instrument of trust,21[or by the Central Government by the notification in.....
View Complete Act List Judgments citing this sectionPresidency 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.....
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Chapter XI
Title: Misconduct of Inferior Ministerial Officers
State: Central
Year: 1882
.....the Court may inquire into such charge, and may make such order for the repayment or payment of any money so extorted, or of any money so levied as aforesaid, and of damages and costs, by such officer, as it thinks fit. Section 81 - Court empowered to summon witnesses, etc For the purposes of any inquiry under this Chapter, the Small Cause Court shall have all the powers or summoning and enforcing the attendance of witnesses and compelling the production of documents which it possesses in suits under this Act. Section 82 - Enforcement of order Any order under this Chapter for the payment or repayment of money may, in default of payment of the amount payable thereunder, be enforced by the person to whom such amount is payable as if the same were a decree of the Small Cause Court in his favour.
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