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PRESIDENCY SMALL CAUSE COURTS ACT

Ministry of Law and Justice

Act nº 15 of 1882


  • Chapter I
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Chapter VI. New Trials and Appealss New Trials and Appealss New Trials and Appealss New Trials and Appealss
  • Chapter VII
  • Chapter VIII
  • Chapter IX
  • Chapter X
  • Chapter XI
  • Chapter XII
  • Chapter XIII
  • Schedules
  • Act nº 15 of 1882

Preamble

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:

Chapter I

Section 1. Preliminary

This Act may be called the Presidency Small Cause Courts Act, 1882; and it shall come into force on the first day of July, 1882.

But nothing herein contained shall affect the provisions of the Army Act (44 & 45 Vict., c.58), {The figures "1881" were repealed by Act 12 of 1891, s.2, and Schedule I} section 151 {Coll.Stat., Vol.I}, or the rights or liabilities of any person under any decree passed before that day.

Section 2. [Repealed]

[Repeal of enactments.] Repealed by the Repealing Act, 1938 (1 of 1938), section 2 and Schedule.

Section 3. [Repealed]

[Amendments of Acts.] Repealed by the Repealing Act, 1938 (1 of 1938), section 2 and Schedule.

Section 4. Small Cause Court and Registrar defined

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].

Chapter II

Section 5. Courts of Small Causes established

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.

Section 6. Court to be deemed under superintendence, etc., of High Court

The Small Cause Court shall be deemed to be a Court subject to the superintendence of 1 [The High Court at Calcutta], Madras or Bombay, as the case may be, within the meaning of the Letters Patent, respectively, 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.


Section 7. Appointment of Judges

There shall be appointed from time to time a Chief Judge of the Small Cause Court and as many other Judges as the State Government thinks fit.]

Section 8. Rank and precedence of Judges

The Chief Judge shall be the first of the Judges in rank and precedence. The other Judges shall have rank and precedence as the State Government may, from time to time, direct. {Subs.by Act 3 of 1899, s.3, for the original s.

8A which had been ins.by Act 1 of 1895, s.4.}[8A.Performance of duties of absent Judge.-

(1) During any absence of the Chief Judge or any Judge of the said Court, or during the period for which any Judge is acting as Chief Judge, the State Government may appoint any person, having {Subs.by the A.O.1937 for "the qualifications required by s.7".As to requisite qualifications of Chief Judge, see Constitution of India, Art.233; of other Judges see rules under Art.234, ibid.}[the requisite qualifications], to act as Chief Judge or Judge of the said Court, as the case may be.

(2) Every person so appointed shall be authorized to perform the duties of the Chief Judge or a Judge of the said Court until the return of the absent Chief Judge or Judge, or of the Judge acting as Chief Judge, or until the State Government sees cause to cancel the appointment of such acting Chief Judge or Judge, as the case may be.] {Subs.by Act 1 of 1895, s.5, for the original section.}

Section 8A. Performance of duties of absent Judge

(1) During any absence of the Chief Judge or any Judge of the said Court, or during the period for which any Judge is acting as Chief Judge, the State Government may appoint any person, having {Subs.by the A.O.1937 for "the qualifications required by s.7".As to requisite qualifications of Chief Judge, see Constitution of India, Art.233; of other Judges see rules under Art.234, ibid.}[the requisite qualifications], to act as Chief Judge or Judge of the said Court, as the case may be.

(2) Every person so appointed shall be authorized to perform the duties of the Chief Judge or a Judge of the said Court until the return of the absent Chief Judge or Judge, or of the Judge acting as Chief Judge, or until the State Government sees cause to cancel the appointment of such acting Chief Judge or Judge, as the case may be.

Section 9. Procedure and practice of Small Cause Court

(1) The High Court may, from time to time, by rules {Cf.the Code of Civil Procedure, 1908 (Act 5 of 1908), s.8, proviso} having the force of law,

(a) prescribe the procedure to be followed and the practice to be observed by the Small Cause Court either in supersession of or in addition to any provisions which were prescribed with respect to 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.]

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 prevail; and if the Court is equally divided, the Chief Judge, if he is one of the Judges so differing, or, in his absence, the Judge first in rank and precedence of the Judges so differing, shall have the casting voice.