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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Preamble1 - PRESIDENCY SMALL CAUSE COURTS ACT, 1882 Chapter I Section1 - PRELIMINARY Section2 - [Repealed] Section3 - [Repealed] Section4 - Small Cause Court and Registrar defined Chapter II Section5 - Courts of Small Causes established Section6 - Court to be deemed under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 -.....

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.]

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.....

Presidency Small Cause Courts Act, 1882 Preamble 1

Title: Presidency Small Cause Courts Act, 1882

State: Central

Year: 1882

THE PRESIDENCY SMALL CAUSE COURTS ACT, 1882 [Act, No.15 of 1882] [17th March, 1882] PREAMBLE An Act to consolidate and amend the law relating to the Courts of Small Causes established in the Presidency-towns. WHEREAS it is expedient to consolidate and amend the law relating to the Courts of Small Causes established in the towns of Calcutta, Madras and Bombay; It is hereby enacted as follows:

Presidency Small Cause Courts Act, 1882 Section 4

Title: Small Cause Court and Registrar Defined

State: Central

Year: 1882

In this Act, "the Small Cause Court" means the Court of Small Causes constituted under this Act in the town of Calcutta, Madras or Bombay, as the case may be, {Inserted by Act 3 of 1899, section 2}[and the expression "Registrar" includes a Deputy Registrar].

Presidency Small Cause Courts Act, 1882 Section 5

Title: Courts of Small Causes Established

State: Central

Year: 1882

There shall be in each of the towns of Calcutta, Madras and Bombay a Court, to be called the Court of Small Causes of Calcutta.Madras or Bombay, as the case may be.

Presidency Small Cause Courts Act, 1882 Section 22

Title: Costs when Plaintiff Sues in High Court in Other Cases Cognizable by Small Cause Court

State: Central

Year: 1882

If any suit cognizable by the Small Cause Court, other than a suit to which section 21 applies, is instituted in the High Court, and if in such suit the plaintiff obtains, in the case of a suit founded on contract, a decree for any matter of an amount or value less than {Substituted by section 11, ibid., for "two thousand"} [one thousand] rupees, and in the case of any other suit a decree for any matter of an amount or value of less than three hundred rupees, no cost shall be allowed to the plaintiff; and if in any such suit the plaintiff does not obtain a decree, the defendant shall be entitled to his costs {In the application of the Act to Madras, these words have been substituted by certain other words: see Mad.Act 1 of 1945, section 3} [as between attorney and client]. The foregoing rules shall not apply to any suit in which the Judge who tries the same certifies that it was one fit to be brought in the High Court.

Presidency Small Cause Courts Act, 1882 Section 31

Title: Execution of Decree of Small Cause Court by Other Courts

State: Central

Year: 1882

If the judgment-debtor under any decree of the Small Cause Court has not, within the local limits of its jurisdiction, movable property sufficient to satisfy the decree, the Court may, on the application of the decree-holder, send the decree for execution (a) in the case of execution against immovable property situate within such local limits {Substituted by Act 7 of 1892, section 12, for "to the High Court"} [to the Madras City Civil Court or the High Court of Judicature at Fort William or Bombay, as the case may be]; (b) in all other cases (c) to any Civil Court within the local limits of whose jurisdiction such judgment-debtor, or any movable or immovable property of such judgment-debtor, may be found. Procedure when decree transferred.- The procedure prescribed by the Code of Civil Procedure (14 of 1882) {See now the Code of Civil Procedure, 1908 (Act 5 of 1908)} for the execution of decrees by Courts other than those which made them shall be the procedure followed in such cases.

Presidency Small Cause Courts Act, 1882 Section 37

Title: General Finality of Decrees and Orders of Small Cause Court

State: Central

Year: 1882

Save as otherwise provided by this Chapter or by any other enactment for the time being in force, every decree and order of the Small Cause Court in a suit shall be final and conclusive

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.....