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Bar News Acts League

The Presidency Small Cause Courts Act, 1882

Act ID: 1882

The Presidency Small Cause Courts Act, 1882

"An Act to consolidate and amend the law relating to the Courts of Small Causes in the Presidency Towns."

Table of Contents

100 Sections

Ch. 1

PRELIMINARY

S.1Short title.S.2[Repealed.].S.3[Repealed.].S.4?Small Cause Court? and ?Registrar? defined.

Ch. 2

CONSTITUTION AND OFFICERS OF THE COURT

S.5Courts of Small Causes established.S.6Court to be deemed under superintendence, etc., of High Court.S.7Appointment of Judges.S.8Rank and precedence of Judges.S.8APerformance of duties of absent Judge.S.9Procedure and practice of Small Cause Court.S.10Chief Judge to distribute business of Court.S.11Procedure in case of difference of opinion.S.12Seal to be used.S.13Appointment of Registrar and other officers.S.14Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees.S.15Judge or other officer not to practise or trade.

Ch. 3

LAW ADMINISTERED BY THE COURT

S.16Questions arising in suits, etc., under Act to he decided according to law administered by High Court.

Ch. 4

JURISDICTION IN RESPECT OF SUITS

S.17Local limits of jurisdiction of Court.S.18Suits in which Court has jurisdiction.S.18APlaintiff may abandon suit against defendant resident out of jurisdiction.S.19Suits in which Court has no jurisdiction.S.19AReturn of plaint.S.20Court may by consent try suits beyond pecuniary limits of jurisdiction.S.21Suits by and against officers of Court.S.22Costs when plaintiff sues in High Court in other cases cognizable by Small Cause Court.

Ch. 5

PROCEDURE IN SUITS

S.23Repealed.S.24No written statement except in cases of set-off.S.25Return of documents admitted in evidence.S.26Compensation payable by plaintiff to defendant in certain cases.S.27Decree-holder to accompany officer executing warrant.S.28Things attached to immovable property and removable by tenant to be deemed movable in execution.S.29Discharge of judgment-debtor on sufficient security.S.30Court may in certain cases suspend execution of decree.S.31Execution of decree of Small Cause Court by other Courts.S.32Minors may sue in certain cases as if of full age.S.33Power to delegate non-judicial duties.S.34Registrar to hear and determine suits like a Judge.S.35Registrar may execute all decrees with the same powers as a Judge.S.36Decrees and orders of Registrar to be subject to new trial as if made by a Judge.

Ch. 6

NEW TRIALS AND APPEALS

S.37General finality of decrees and orders of Small Cause Court.S.38New trial of contested cases.S.39Removal of certain causes into High Court.S.40Rules with respect to suits removed under the last foregoing section.

Ch. 7

RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY

S.41Summons against person occupying property without leave.S.42Service of summons.S.43Order for possession.S.44Such order to justify bailiff entering on property and giving possession.S.45Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings.S.46Liability of applicant obtaining order when not entitled.S.47Stay of proceedings on occupant giving security to bring suit against applicant.S.48Proceedings to be regulated by Code of Civil Procedure.S.49Recovery of possession no bar to suit to try title.

Ch. 8

DISTRESSES

S.50Local extent of Chapter.S.51Appointment of bailiffs and appraisers.S.52Appointees to be public servants.S.53Application for distress-warrant.S.54Issue of distress-warrant.S.55Time for distress.S.56What places bailiff may force open.S.57Property which may be seized.S.58Impounding distress.S.59Inventory.S.60Application to discharge or suspend warrant.S.61Claim to goods distrained made by a stranger.S.62Power to award compensation to debtor or claimant.S.63Power to transfer to High Court cases involving more than one thousand rupees.S.64Appraisement.S.65Sale.S.66Costs of distresses.S.67Account of costs and proceeds.S.68Bar of distresses except under this Chapter.

Ch. 9

REFERENCES TO HIGH COURTS

S.69Reference when compulsory.S.70Security to be furnished on such reference by party against whom contingent judgment given.

Ch. 10

FEES AND COSTS

S.71Institution-fee.S.72Fees for processes.S.73Repayment of half-fees on settlement before hearing.S.74Fees and costs of poor persons.S.75Power to vary fees.S.76Expense of employing legal practitioners.S.77Sections 3, 5 and 25 of Court-fees Act, 1870, saved.

Ch. 11

MISCONDUCT OF INFERIOR MINISTERIAL OFFICERS

S.78[Repealed.].S.79Default of bailiff or other officer in execution of order or warrant.S.80Extortion or default of officers.S.81Court empowered to summon witnesses, etc.S.82Enforcement of order.

Ch. 12

CONTEMPT OF COURT

S.83[Repealed.].S.84[Repealed.].S.85[Repealed.].S.86[Repealed.].S.87Imprisonment or committal of person refusing to answer or produce document.S.88Appeal from orders under section 87.

Ch. 13

MISCELLANEOUS

S.89Persons by whom process may be served.S.90Registers and returns.S.91Court to furnish records, etc., called for by State Government or High Court.S.92Holidays and vacations.S.93Certain persons exempt from arrest by Court.S.94No suit to lie upon decree of Court.S.95Place of imprisonment.S.96Tender in suit for anything done under Act.S.97Limitation of prosecutions.