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ACTING JUDGES ACT, 1867 [REPEALED]

Ministry of Law and Justice


  • Act nº 16 of 1867

Preamble

THE ACTING JUDGES ACT, 1867

[Act, No. 16 of 1867]

[AS ON 1956]

[1st March, 1867]

PREAMBLE

An Act to authorize the making of acting appointments to certain Judicial Offices.

{This Act has been declared, by notification under s.3 (a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely:

The Districts of Hazribgh, Lohrdaga (now the Ranchi Districts, see Calcutta Gazette, 1899, Pt.I, p.44), and Mnbhum, and Pargana Dhlbhum and the Kolhn in the District of Singbhumsee Gazette of India, 1881, Pt.I, p.504.

This Act has been extended to the new Provinces and Merged States by the Merged States (Laws) Act, 1949 (59 of 1949) and to the States of Manipur, Tripura and Vindhya Pradesh by the Part C States (Laws) Act, 1950 (30 of 1950), s.2.}

WHEREAS the Governor General of India in Council or the Local Government, as the case may be, is empowered by divers enactments to appoint the Judges of certain Courts {The words "in the Provinces" were omitted by the A.O.1950}: And whereas it has been doubted whether he or it is empowered to appoint persons to act temporarily as such Judges, and it is expedient to remove such doubts; It is hereby enacted as follows:

Section 1. Power to appoint acting Judges

In every case in which the Central Government, or the State Government, as the case may be, has power under any Act or Regulation to appoint a Judge of any Court {The words "in British India" were rep. by the A.O.1948}, such power shall be taken to include the power to appoint any person capable of being appointed a permanent Judge of such Court, to act as Judge of the same Court for such time as the Central Government or the State Government, as the case may be, shall direct. Every person so appointed to act temporarily as a Judge of any such Court shall have the powers and perform the duties which he would have had and been liable to perform in case he had been duly appointed a permanent Judge of the same Court.

Section 2. Certain enactments to be construed as if they contained a clause like section 1 of this act

Every such Act and Regulation shall be construed as if it contained a special clause to the purport or effect of the first section of this Act.

Repealing Act1
Judicial Administration Laws (Repeal) Act, 2001

THE JUDICIAL ADMINISTRATION LAWS (REPEAL) ACT, 2001

[Act, No. 22 of 2001]

[29th August, 2001]

PREAMBLE

An act to repeal the Civil Courts Amins Act, 1856 and certain other enactments.

Be it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:--

1. Short title

This Act may be called the Judicial Administration Laws (Repeal) Act, 2001.

2. Repeal

The enactments specified in the Schedule are hereby repealed.

THE SCHEDULE

(See section 2)

repeal of enactments

Year

No.

Subject or short title

(1)

(2)

(3)

1856

12

The Civil Courts Amins Act, 1856.

1886

23

The Bombay High Court (Letters Patent) Act, 1866.

1866

25

The Unclaimed Deposits Act, 1866.

1867

16

The Acting Judges Act, 1867.

1869

13

The Procedure of the High Court for Uttar Pradesh.

1870

5

The Unclaimed Deposits Act, 1870.

1877

4

The Presidency Magistrates (Court-fees) Act, 1877.

1919

9

The Punjab Courts (Supplementing) Act, 1919.

1937

25

The Federal Court Act, 1937.

1948

1

The Federal Court (Enlargement of Jurisdiction) Act, 1947.

1849

Constituent Assembly Act V

The Abolition of Privy Council Jurisdiction Act, 1949,

1949

Rajasthan Ord. XV

The Rajasthan High Court Ordinance, 1949.

1950

15

The Judicial Commissioners' Courts (Declaration as High Courts)Act, 1950.

1950

41

The Bhopal and Vindhya Pradesh (Courts) Act, 1950.

1952

72

The Mysore High Court (Extension of Jurisdiction to Coorg) Act, 1952.

1953

44

The Manipur Court-fees (Amendment and Validation) Act, 1953.

1964

16

The Goa, Daman and Diu Judicial Commissioner's Court (Declaration as High Court) Act, 1964.