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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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Presidency Small Cause Courts Act, 1882 Complete Act

Title: Presidency Small Cause Courts Act, 1882

State: Central

Year: 1882

Preamble1 - PRESIDENCY SMALL CAUSE COURTS ACT, 1882 Chapter I Section1 - PRELIMINARY Section2 - [Repealed] Section3 - [Repealed] Section4 - Small Cause Court and Registrar defined Chapter II Section5 - Courts of Small Causes established Section6 - Court to be deemed under superintendence, etc., of High Court Section7 - Appointment of Judges Section8 - Rank and precedence of Judges Section8A - Performance of duties of absent Judge Section9 - Procedure and practice of Small Cause Court Section10 - Chief Judge to distribute business of Court Section11 - Procedure in case of difference of opinion Section12 - Seal to be used Section13 - Appointment of Registrar and other officers Section14 - Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees Section15 - Judge or other officer not to practise or trade Chapter III Section16 - Questions arising in suits, etc., under Act to be decided according to law administered by High Court Chapter IV Section17 - Local limits of jurisdiction of Court Section18 - Suits in which Court has jurisdiction Section18A - Plaintiff may abandon suit against defendant resident out of jurisdiction Section19 -.....

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Provincial Small Cause Courts Act, 1887 Complete Act

Title: Provincial Small Cause Courts Act, 1887

State: Central

Year: 1887

.....and orders of Courts of Small Causes Section26 - [Amendment of the second schedule to the Code of Civil Procedure.][Repealed] Section27 - Finality of decrees and orders Chapter v Section28 - Subordination of Courts of Small Causes Section29 - Seal Section30 - Abolition of Courts of Small Causes Section31 - Saving of power to appoint Judge of Court of Small Causes to other office Section32 - Application of Act to Courts invested with jurisdiction of Court of Small Causes Section33 - Application of Act and Code to Court so invested as to two Courts Section34 - Modification of Code as so applied Section35 - Continuance of proceedings of abolished Courts Section36 - [Amendment of Indian Limitation Act.][Repealed] Section37 - Publication of certain orders ScheduleI - FIRST SCHEDULE ScheduleII - SECOND SCHEDULE

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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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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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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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Provincial Small Cause Courts Act, 1887 Section 15

Title: Cognizance of Suits by Courts of Small Causes

State: Central

Year: 1887

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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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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 State Government in which the Court of Small Causes is established.

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Provincial Small Cause Courts Act, 1887 Preamble 1

Title: Provincial Small Cause Courts Act, 1887

State: Central

Year: 1887

THE PROVINCIAL SMALL CAUSE COURTS ACT, 1887 [Act, No. 9 of 1887]1 [AS ON 1956] [24th February, 1887] PREAMBLE An Act to consolidate and amend the law relating to Courts of Small Causes established beyond the Presidency-towns. WHEREAS it is expedient to consolidate and amend the law relating to Courts of Small Causes established beyond the local limits for the time being of the ordinary original civil jurisdiction of the High Courts of Judicature at Fort William in Bengal and at Madras and Bombay; It is hereby enacted as follows:- ________________________ 1. Substituted for "Part B States" by 2 A.L.O. 1956 w.e.f. 1-11-1956

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