Consumer Forums are not Courts but are quasi-judicial bodies or authorities or agencies

National Commission is not a Court. (See Laxmi Engineering Works v. P.S.G. Industrial Institute, (1995) 3 SCC 583; Charan Singh v. Healing Touch Hospital, (2000) 7 SCC 668; State of Karnataka v. Vishwabharathi House Building Coop. Society, (2003) 2 SCC 412. This position has been fortified recently by a decision of a Constitution Bench of this Court in the case of Union of India v. R. Gandhi, President, Madras Bar Association (2010) 11 SCC 1, where this Court has observed: Continue reading

If the Rent Controller is held not to be a “Court”, whether any private complaint would be maintainable in respect of statements falsely made before it?

(2011) 13 SCALE 137

(SUPREME COURT OF INDIA)

Iqbal Singh Narang and Others Appellant
Versus
Veeran Narang Respondent

(Before : Altamas Kabir and Surinder Singh Nijjar, JJ.)

Criminal Appeal No. 2225 of 2011 (Arising out of SLP (Crl.) No. 5625 of 2007) : Decided On: 30-11-2011

Criminal procedure Code, 1973—Sections 195 and 340—Perjury—Making of false statement in court of Rent Controller—Though Rent Controller discharges quasi-judicial functions, he is not a Court, as understood in conventional sense and he cannot make complaint under Section 340 Cr.P.C.—Complaint could be made by a private party in the proceedings—Rent Controller, being a creature of Statute, has to act within four corners of Statute and could exercise only such powers as had been vested in him by Statute—No reason to quash proceedings.

ORDER

Altamas Kabir, J—Leave granted.

2. On 3rd August, 1998, the Appellant No. 1 filed an Ejectment Application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, for eviction of the Respondent from the premises in question.

3. The said Respondent filed Crl. RBT Complaint No. 283/19.8.2003/2.8.2005 against the Appellants before the Illaqa Magistrate, under Sections 193, 420, 120B Indian Penal Code, for allegedly making false statements in judicial proceedings before the Rent Controller, Amritsar. The statement of the Complainant/Respondent was recorded before the Chief Judicial Magistrate. The Complainant/ Respondent also filed an application under Sections 193/420/425 Indian Penal Code before the Rent Controller-cum-J.M. First Class, Amritsar, in Rent Application No. 111 of 1998, which had been filed by the Appellant No. 1, in which allegations had been made that the Appellant No. 1 had made false statements therein. By order dated 14th March, 2005, the Rent Controller disposed of the application filed by the Complainant/Respondent in the rent proceedings upon holding that the complaint filed under Sections 193, 420, 425 Indian Penal Code was yet to be decided and there was, therefore, no question of initiation of any action against the Appellant on the basis of the complaint filed by the Complainant/Respondent. According to the Appellant, since the Respondent had not challenged the order of the Rent Controller on the Application dated 14th March, 2005, the same had attained finality.

4. Appearing in support of the Appeal, Ms. Indu Malhotra, learned Senior Advocate, contended that it was obvious from the number of applications moved by the Respondent before the Rent Controller that the same was merely a ploy to delay the proceedings and cause prejudice to the Appellant No. 1. The facts reveal that the Respondent had delayed the rent proceedings, which are pending since 1998, by filing vexatious and frivolous applications.

5. On 20th April, 2006, the Judicial Magistrate, First Class, Amritsar, after observing that no offence under Section 420 Indian Penal Code had been made out against the accused, issued summons against them to face trial under Section 193 read with Section 120B Indian Penal Code.

6. Ms. Malhotra submitted that the Appellant Nos. 1 and 2 appeared before the Judicial Magistrate, First Class, Amritsar, and were released on bail vide order dated 16th May, 2006. Subsequently, the Appellants filed Crl. Misc. No. 32515 of 2006 before the Punjab & Haryana High Court under Section 482 of the Code of Criminal procedure, 1973, for quashing of the complaint filed by the Respondent under Sections 193/120B Indian Penal Code pending before the Judicial Magistrate, First Class, Amritsar, as also the Summoning Order dated 24th April, 2006. By its impugned judgment and order, the High Court dismissed Crl. Misc. No. 32515 of 2006 filed by the Appellants on the ground that the Rent Controller is not a Court within the meaning of Section 195(1) Code of Criminal procedure. and held that a private complaint would be maintainable in case of false evidence being adduced or recorded before the Rent Controller. Ms. Malhotra submitted that the High Court had failed to consider the fact that the ejectment proceedings initiated by the Appellant No. 1 were still pending before the Rent Controller and a similar application had been dismissed on the ground that the proceedings were still going on and that the Court had not formed any opinion in the matter.

7. Having held that the Rent Controller is not a Court within the meaning of Section 195(1) Code of Criminal procedure., the learned Single Judge also held that private complaints would be maintainable in case of allegations of false evidence before the Rent Controller. The learned Judge observed that the concept of the Rent Controller being a Court was erroneous and hence the decision of the Division Bench of the High Court in Ram Krishan v. Santra Devi 1986 (1) P&H (DB) PLR 567 was per incuriam.

8. On the basis of the aforesaid findings, the High Court chose not to interfere with the order passed by the learned Magistrate taking cognizance of the offence alleged to have been committed by the Appellants under Section 193/120B Indian Penal Code and dismissed the Misc. Case No. 32515-M of 2006 filed by the Appellants herein.

9. On behalf of the Respondent it was urged that the order of the learned Single Judge, impugned in this appeal, was based on a judgment of this Court and hence it did not suffer from any irregularity or illegality. It was also urged that since the Rent Controller was not a Court, a complaint under Section 195 Code of Criminal procedure. in respect of false statements made before it, would be maintainable at the instance of a private party, notwithstanding the bar to filing of such complaint, except on a complaint in writing of that Court, by such officer of the Court, as that Court may authorize in writing in such regard. Learned counsel submitted that no interference was called for with the order of the High Court and the appeal was liable to be dismissed.

10. The question which, therefore, arises for consideration in this appeal is that even if the Rent Controller is held not to be a “Court”, whether any private complaint would be maintainable in respect of statements alleged to have been falsely made before it. While disposing of the Revisional Application filed by the Appellants, the learned Single Judge of the Punjab & Haryana High Court took note of a judgment of the said Court in Ishwar Chand Gupta v. Chander Shekhar and Anr. (2001) 1 RCR Cri 171, in which it had been held that the Rent Controller was not a Court and that a complaint would lie under Section 195 Code of Criminal procedure. in respect of statement made before the Rent Controller at the instance of a private party.

11. The aforesaid question has fallen for consideration in several cases before this Court and the consistent view which has been taken is that the Rent Controller, being a creature of Statute, has to act within the four corners of the Statute and could exercise only such powers as had been vested in him by the Statute.

12. In the decision rendered by this Court in Prakash H. Jain v. Marie Fernandes, (2003) 8 SCC 431, this Court held that the Competent Authority under the Maharashtra Rent Control Act, 1999, is at best a statutory authority created for a definite purpose and to exercise powers in a quasi-judicial manner, but its powers were strictly circumscribed by the very statutory provisions which conferred upon it those powers and the same could be exercised in the manner provided therefor and subject to such conditions and limitations stipulated by the very provisions of law under which the Competent Authority itself was created. The aforesaid observations were made by this Court in the context of the powers conferred on the Competent Authority appointed under the Maharashtra Rent Control Act, 1999, which included powers to condone the delay in the filing of the proceedings. It is in such circumstances that it was observed by this Court that the High Court had rejected the submissions made on behalf of the Appellant therein that since it had all the trappings of a Court, the Competent Authority was a Court in the eye of law and consequently possessed inherent powers to condone the delay. The High Court also rejected the said prayer upon observing that statutory authorities have to act within the powers conferred on them by Statute.

13. The same views were also expressed by this Court in Om Prakash v. Ashwani Kumar Bassi, (2010) 9 SCC 183, wherein it was held that in the absence of a specific power being vested in the Rent Controller, it being a creature of statute, it could only act in terms of the powers vested in it by the Statute and could not, therefore, entertain an application under Section 5 of the Limitation Act for condonation of delay, since the Statute did not vest him with such power.

14. The aforesaid decisions of this Court establish that though the Rent Controller discharges quasi- judicial functions, he is not a Court, as understood in the conventional sense and he cannot, therefore, make a complaint under Section 340 Code of Criminal procedure. Consequently, as held by the High Court, a complaint could be made by a private party in the proceedings.

15. In addition to the above, we also see no reason to quash the proceedings in which the Appellants herein had been summoned under Section 193/420/120B Indian Penal Code. The Appeal is, accordingly, dismissed. The interim orders passed earlier are vacated.

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The Abolition of Privy Council Jurisdiction Act, 1949

INDIAN CONSTITUTION
[Constituent Assembly Act 5 of 1949]
[24th September 1949]
An Act to abolish the jurisdiction of His Majesty in Council in respect of Indian appeals and petitions.
WHEREAS it is expedient to abolish the jurisdiction of His Majesty in Council in respect of Indian appeals and petitions, and to confer a corresponding jurisdiction on the Federal Court of India.
It is hereby enacted as follows:
1. Short title and commencement :
(1) This Act may be called The Abolition of Privy Council Jurisdiction Act, 1949.
(2) It shall come into force on the tenth day of October 1949, which day is hereinafter referred to as “the appointed day”.
2. Abolition of Privy Council Jurisdiction :
(1) As from the appointed day, the jurisdiction of His Majesty in Council to entertain, and save as hereinafter provided to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any court or tribunal (other than the Federal Court) within the territory of India, including appeals and petitions in respect of criminal matters, whether such jurisdiction is exercisable by virtue of His Majesty’s prerogative or otherwise, shall cease.
(2) The appeals and petitions aforesaid are hereinafter referred to as “Indian appeals”
(b) any Indian appeal or petition on which the Judicial Committee has after hearing the parties, reserved judgment or order; or
(c) any Indian appeal which has been entered before the appointed day in the list of business of the Judicial Committee for the Michaelmas sittings of the year 1949 and which after that day is not directed to be removed there from, by or under the authority of the Judicial Committee; or
(d) any Indian petition which has been lodged before the appointed day in the Registry of the Privy Council.
5. Conferment of corresponding jurisdiction of Federal Court :
(1) As from the appointed day, the Federal Court shall, in addition to the jurisdiction conferred on it by the Government of India Act, 1935, and the Federal Court (Enlargement of Jurisdiction) Act, 1947, but subject to the provisions of this section, have the same jurisdiction to entertain and dispose of Indian appeals and petitions as His Majesty in Council has, whether by virtue of His Majesty’s prerogative or otherwise, immediately before the appointed day.
(2) Notwithstanding anything contained in sub-section (1), of this section, the Federal Court shall have no jurisdiction in respect of any such appeal or petition as is referred to in:-
PROVIDED that where, upon any such petition as aforesaid, special leave to appeal to His
Majesty in Council is granted after the appointed day, all further steps to betaken in the appeal shall be taken in, and the appeal shall be disposed of by, the Federal Court as if the special leave to appeal had been granted on a petition made to that court.
(3) If any question arises whether an appeal or petition is an appeal or petition of the nature referred to in clause (a), (b), (c) or (d) of-, a certificate of the Registrar of the Privy Council shall be conclusive evidence on the question.
6. Transfer of pending appeals to the Federal Court :
All proceedings in respect of any Indian appeals pending before His Majesty in Council immediately before the appointed day, except those referred to in, shall by virtue of this Act stand transferred to the Federal Court, and shall be disposed of by it in the exercise of the jurisdiction conferred on it by this Act.
7. Continuance of certain proceedings in High Court :
All proceedings and steps taken in, and orders made and certificates granted by, a High Court in connection with an Indian appeal or petition shall, except in the case of any such appeal or petition as is referred to in, be deemed to be in connection with an appeal or petition to the Federal Court from, or in respect of, the same judgment, decree or order under the provisions of this Act, and shall be concluded, or as the case may be, have effect accordingly.
8. Effect of order of His Majesty in Council :
Any order of His Majesty in Council made on an Indian appeal or petition, whether before, on or after the appointed day, shall for all purposes have effect, not only as an order of His Majesty in Council, but also as if it were an order or decree made by the Federal Court in the exercise of the jurisdiction conferred by this Act.
9. Amendments of the Government of India Act, 1935 :
(1) In section 205 of the Government of India Act, 1935, (hereinafter referred to as the said Act), for sub-section (2) the following sub- section shall be substituted, namely: –
“(2) Where such certificate is given, any party in a case may appeal to the Federal Court on the ground that any question as aforesaid has been wrongly decided and with the leave of the Federal Court, on any other ground”.
(2) In section 209of the said Act, for sub-sections (1) and (2) the following sub-section shall be substituted, namely: –
“(1) The Federal Court in the exercise of its appellate jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, including an order for the payment of costs, and any decree so passed or order so made shall be enforceable throughout the territory of India in the manner provided in that behalf in, or in such other manner as may be prescribed by or under a law of the Dominion Legislature, or subject to the provisions of any such law, in the manner prescribed by rules made byte Federal Court”.
(3) In clause (a) of sub-section (3) of section 210 of the said Act, for the word, brackets and figure “sub-section (2)”, the word, brackets and figure “sub-section (1)”shall be substituted.
(4) In section 214 of the said Act, after sub-section (1) the following sub-section shall be inserted, namely: –
“(IA) Subject to the provisions of, or any law made by the Dominion Legislature, the Federal Court may also from time to time, with the approval of the Governor-General, make rules of court for regulating the manner in which any decree passed or order made by it in exercise of its appellate jurisdiction may be enforced.”
10. Modification of Existing Laws :
The provisions of-, and of any other law in force on the appointed day relating to Indian appeals and petitions shall as from that day have effect, except in relation to the appeals and petitions referred to in, as if in the said provisions, for all references to His Majesty in Council, there had been substituted references to the Federal Court.

Burdwan District Court

Burdwan Bar Association

Dress Code for Appearance by Advocates

BAR COUNCIL OF INDIA RULES, 1975

FORM OF DRESSES OR ROBES TO BE WORN BY ADVOCATES

CHAPTER IV

(Rules under Section 49(1)(gg) of the Act)

Advocates appearing in the Supreme Court, High Courts, Subordinate Courts, Tribunals or Authorities shall wear the following as part of their dress which shall be sober and dignified: –

I. Advocates other than lady Advocates

(a) A black buttoned up coat, chapkan, achkan, black sherwani and white bands with Advocates’ Gowns, or

(b) A black open breast coat, white shirt, white collar, stiff or soft, and white bands with Advocates’ Gowns.

In either case long trousers (white, black striped or grey) or Dhoti.

II. Lady Advocates

(a) Black and full or half sleeve jacket or blouse, white collar stiff or soft, with white bands and Advocates’ Gowns.

White blouse, with or without collar, with white bands and with a black open breast coat.

OR

(b) Sarees of long skirts (white or black of any mellow of subdued colour without any print or design) of Flare (white, black or black striped or grey) or Punjabi dress churidar-kurta or salawar-kurta with or without dupatta) white or black:

PROVIDED that the wearing of Advocates’ gowns shall be optional except when appearing in the Supreme Court or in a High Court:

PROVIDED FURTHER that in courts other than the Supreme Court, High Court, District Court, Sessions Court or City Civil Court a black tie may be worn instead of bands.

Devider

District Court usually deals with  following Types of Cases

  1. Criminal Misc. – Criminal Misc.
  2. Matrimonial Suit – Matrimonial Suit
  3. Criminal Appeal – Criminal Appeal
  4. Misc. Appeal – Misc. Appeal
  5. Criminal Revision – Criminal Revision
  6. Title Appeal – Title Appeal
  7. M A C C – M.A.C.C
  8. Mjc – Misc Judicial Case
  9. Act Viii Miscellaneous Case – Act VIII Miscellaneous Case
  10. Probate Suit – Probate Suit
  11. L.o.a. Suit – L.O.A. SUIT
  12. Mc – Misc Case
  13. Bail
  14. CA – Caveat Application
  15. Civil Appeal
  16. Civil Execution
  17. Civil Misc
  18. Civil Revision
  19. Complaint Case
  20. Criminal Case
  21. Crl. Execution – Criminal Execution
  22. Divorce On Mutual Consent – Matri Suit Divorce Mutual Cons
  23. Electricity Act
  24. Estate Acquisition Appeal
  25. Gr Case[Police case]
  26. Hindu Adaptation & Maint Act –  Maint Case
  27. Insolvancy Petition
  28. L A C – Land Acquisition Cases
  29. L A Ex. – Land Acquisition Execution
  30. L.O.A.
  31. M A C C Ex. – MACC Execution
  32. Misc Case (pre-emption)
  33. Misc. Criminal Revision
  34. Misc Crl Case – Misc Criminal Case
  35. Misc. Execution Case
  36. Money Appeal
  37. Money Execution
  38. Money Suit
  39. Mr  Maintenance – MR case for Maintenance
  40. M V Act – Motor Vehicle Case
  41. N D P S Case – NDPS Case
  42. NGR Case
  43. Other Appeal[Which is not listed here]
  44. Other Suit[Which is not listed here
  45. Probate Case
  46. S C C Ex. – Execution
  47. S C C Suit – SCC SUIT
  48. Sessions Case
  49. Sessions Trial
  50. Special Court Cases
  51. Succession Case
  52. Title Execution
  53. Title Suit
  54. Trust Suit  

Devider

Rules-1

  1. The Code Of Civil Procedure (West Bengal Amendment) Act, 1988
  2. The Calcutta High Court Amendment of the Code of Civil Procedure Rules, 2006
  3. Case Flow Management Rules 2006 in the Subordinate Courts [West Bengal]

Rules-2

  1. Treasury_Rule_Full
  2. West Bengal service Rule Part -1
  3. West Bengal service Rule Part -2
  4. West Bengal Service Rule, Note, Vol-I
  5. Civil Rules and Orders
  6. Criminal Rules and Orders 

 Subordinate Court Criminal Rules- West Bengal

Rules For Advocates

An Advocate shall not accept a fee less than the fee taxable under the rules when the client is able to pay the same.

An Advocate shall not enter appearance in any case in which there is already a vakalatnama or memo of appearance filed by an Advocate engaged for a party except with his consent; in case such consent is not produced he shall apply to the Court stating reasons why the said consent should not be produced and he shall appear only after obtaining the permission of the Court.

Devider

কোর্ট ফি সংক্রান্ত বিষয়াদি [Court Fees]

১ টাকা মামলা [Money suit]-এডভেলরেম[Ad velorem]
২ ক্ষতিপুরণ সংক্রান্ত মামলা -এডভেলরেম
৩ বাজার মূল্য আছে এরকম স্থাবর সম্পত্তি সংক্রান্ত মামলা-এডভেলরেম
৪ বাজার মূল্য নেই এরকম স্থাবর সম্পত্তি সংক্রান্ত মামলা-এডভেলরেম
৫ দখল পুনরুদ্ধার সংক্রান্ত সুনির্দিষ্ট প্রতিকার আইনের 5 ধারার মামলা- এডভেলরেম
৬ নিষেধাজ্ঞার মামলা-এডভেলরেম
৭ মুসলিম আইনের অধীনে অগ্রক্রয়-এডভেলরেম
৮ দলিল রদ সংক্রান্ত-এডভেলরেম
৯ দলিল সংশোধন সংক্রান্ত-এডভেলরেম
১০ চুক্তিরদ সংক্রান্ত-এডভেলরেম
১১ ঘোষণা মামলা পরবর্তী প্রতিকার সহ-এডভেলরেম
১২ চুক্তি প্রবলের মামলা-এডভেলরেম
১৩ ইজমেন্ট অধিকার সংক্রান্ত-এডভেলরেম
১৪ বন্ধক খালাসের মামলা -এডভেলরেম
১৫ ফোরক্লোসার সংক্রান্ত মামলা-এডভেলরেম
১৬ Declatory suit -নির্ধারিত
১৭ ভরণপোষণ সংক্রান্ত-নির্ধারিত
১৮ দাম্পত্য অধিকার পুনরুদ্ধার সংক্রান্ত-নির্ধারিত
১৯ বিবাহ বিচ্ছেদ সংক্রান্ত মামলা-নির্ধারিত
২০ অভিভাবকত্ব  সংক্রান্ত মামলা-নির্ধারিত
২১ সাধারণ ঘোষনা  সংক্রান্ত মামলা-নির্ধারিত
২২ বাটোয়ারা ও পৃথক দখল সংক্রান্ত মামলা-এডভেলরাম
২৩ অগ্রক্রয় মামলা [Pre emption]-নির্ধারিত
২৪ সাধারন ঘোষণা সংক্রান্ত মামলা -নির্ধারিত
২৫ জমি, ভবন ও বাগান দখল পুনরুদ্ধার সংক্রান্ত মামলা-এডভেলরাম
২৬ সুনির্দিষ্ট প্রতিকার আইনের 6 ধারার দখল পুনরুদ্ধার সংক্রান্ত মামলা-এডভেলরাম
২৭ ভাড়া মামলা-এডভেলরাম
২৮ ডিক্রী রদের মামলা-এডভেলরাম
২৯ ঘোষণা ও নিষেধাজ্ঞা একত্রে-এডভেলরাম
৩০ আপিল ও রিভিশন -নির্ধারিত
৩১ ক্রোক রদের মামলা-এডভেলরাম
৩২ Vakalat – Petition – application – Fixed
৩৩ বেদখল অবস্থায় ঘোষণা মামলা –  এডভেলরাম
৩৪ দখলে থাকাবস্থায় ঘোষণা মামলা -নির্ধারিত

Devider

MEMO OF APPEARANCE

IN THE COURT OF THE LD…………………………     AT     ………..

Case No…………..

Case Title:                                                        vs                                      

Appearance on behalf of : 

Contact no of Client:                                                

Name of the Advocate:

 Address & Registration No:

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NB: Due to emergency the abovenamed Client could not able to sign a formal Vakalat but instructed to appear on his/her behalf. Vakalat Shall be filed by the next hearing.


 

The Family Courts Act, 1984

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Central Act

(66 OF 1984)

[14th September, 1984]An Act to provide for the establishment of Family Courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith.

Be it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows:

Preliminary

CHAPTER I

1. Short title, extent and commencement .(1) This Act may be called The Family Courts Act, 1984.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different [dates] may be appointed for different States.

(a) Judge means the Judge or, as the case may be, the Principal Judge, Additional Principal Judge or other Judge of a Family Court;

2. Definitions .-In this Act, unless the context otherwise requires,

(b) notification means a notification published in the Official Gazette;

(c) prescribed means prescribed by rules made under this Act;

(d) Family Court means a Family Court established under section 3;

(e) all other words and expressions used but not defined in this Act and defined in the Code of Civil Procedure, 1908 (5 of 1908) shall have the meanings respectively assigned to them in that Code.

CHAPTER II

Family Courts

3. Establishment of Family Courts .(1) For the purpose of exercising the jurisdiction and powers conferred on a Family Court by this Act, the State Government, after consultation with the High Court, and by notification,

(a) shall, as soon as may be after the commencement of this Act, establish for every area in the State comprising a city or town whose population exceeds one million, a Family Court;

(b) may establish Family Courts for such other areas in the State as it may deem necessary.

(2) The State Government shall, after consultation with the High Court, specify, by notification, the local limits of the area to which the jurisdiction of a Family Court shall extend and may, at any time, increase reduce or alter such limits.

4. Appointment of Judges .(1) The State Government may, with the concurrence of the High Court, appoint one or more persons to be the Judge or Judges of a Family Court.

(2) When a Family Court consists of more than one Judge,

(a) each of the Judges may exercise all or any of the powers conferred on the Court by this Act or any other law for the time being in force;

(b) the State Government may, with the concurrence of the High Court, appoint any of the Judges to be the Principal Judge and any other Judge to be the Additional Principal Judge;

(c) the Principal Judge may, from time to time, make such arrangements as he may deem fit for the distribution of the business of the Court among the various Judges thereof;

(d) the Additional Principal Judge may exercise the powers of the Principal Judge in the event of any vacancy in the office of the Principal Judge or when the Principal Judge is unable to discharge his functions owing to absence, illness or any other cause.

(3) A person shall not be qualified for appointment as a Judge unless he

(a) has for at least seven years held a judicial office in India or the office of a member of a Tribunal or any post under the Union or a State requiring special knowledge of law; or

(b) has for at least seven years been an advocate of a High Court or of two or more such Courts in succession; or

(c) possesses such other qualifications as the Central Government may, with the concurrence of the Chief Justice of India, prescribe.

(4) In selecting persons for appointment as Judges,

(a) every endeavour shall be made to ensure that persons committed to the need to protect and preserve the institution of marriage and to promote the welfare of children and qualified by reason of their experience and expertise to promote the settlement of disputes by conciliation and counselling are selected; and

(b) preference shall be given to women.

(5) No person shall be appointed as, or hold the office of, a Judge of a Family Court after he has attained the age of sixty-two years.

(6) The salary or honorarium and other allowances payable to, and the other terms and conditions of service of, a Judge shall be such as the State Government may, in consultation with the High Court, prescribe.

5. Association of social welfare agencies, etc .The State Government may, in consultation with the High Court, provide, by rules, for the association, in such manner and for such purposes and subject to such conditions as may be specified in the rules, with a Family Court of

(a) institutions or organisations engaged in social welfare or the representatives thereof;

(b) persons professionally engaged in promoting the welfare of the family;

(c) persons working in the field of social welfare; and

(d) any other person whose association with a Family Court would enable it to exercise its jurisdiction more effectively in accordance with the purposes of this Act.

6. Counsellors, officers and other employees of Family Courts .(1) The State Government shall, in consultation with the High Court, determine the number and categories of counsellors, officers and other employees required to assist a Family Court in the discharge of its functions and provide the Family Court with such counsellors, officers and other employees as it may think fit.

(2) The terms and conditions of association of the counsellors and the terms and conditions of service of the officers and other employees, referred to in sub-section (1), shall be such as may be specified by rules made by the State Government.

CHAPTER III

Jurisdiction

7. Jurisdiction .(1) Subject to the other provisions of this Act, a Family Court shall

(a) have and exercise all the jurisdiction exercisable by any district Court or any subordinate civil Court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the Explanation; and

(b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district Court or, as the case may be, such subordinate civil Court for the area to which the jurisdiction of the Family Court extends.

Explanation. The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely:

(a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;

(b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;

(c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them;

(d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;

(e) a suit or proceeding for a declaration as to the legitimacy of any person;

(f) a suit or proceeding for maintenance;

(g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.

(2) Subject to the other provisions of this Act, a Family Court shall also have and exercise

(a) the jurisdiction exercisable by a Magistrate of the first class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 1974); and

(b) such other jurisdiction as may be conferred on it by any other enactment.

8. Exclusion of jurisdiction and pending proceedings .Where a Family Court has been established for any area,

(a) no district Court or any subordinate civil Court referred to in sub-section (1) of section 7 shall, in relation to such area, have or exercise any jurisdiction in respect of any suit or proceeding of the nature referred to in the Explanation to that sub-section;

(b) no Magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974);

(c) every suit or proceeding of the nature referred to in the Explanation to sub-section (1) of section 7 and every proceeding under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974),

(i) which is pending immediately before the establishment of such Family Court before any district Court or subordinate Court referred to in that sub-section or, as the case may be, before any Magistrate under the said Code; and

(ii) which would have been required to be instituted or taken before or by such Family Court if, before the date on which such suit or proceeding was instituted or taken, this Act had come into force and such Family Court had been established,

shall stand transferred to such Family Court on the date on which it is established.

CHAPTER IV

Procedure

9. Duty of Family Court to make efforts for settlement .(1) In every suit or proceeding, endeavour shall be made by the Family Court in the first instance, where it is possible to do so consistent with the nature and circumstances of the case, to assist and persuade the parties in arriving at a settlement in respect of the subject-matter of the suit or proceeding and for this purpose a Family Court may, subject to any rules made by the High Court, follow such procedure as it may deem fit.(2) If, in any suit or proceeding, at any stage, it appears to the Family Court that there is a reasonable possibility of a settlement between the parties, the Family Court may adjourn the proceedings for such period as it thinks fit to enable attempts to be made to effect such a settlement.(3) The power conferred by sub-section (2) shall be in addition to, and not in derogation of, any other power of the Family Court to adjourn the proceedings.

10. Procedure generally .(1) Subject to the other provisions of this Act and the rules, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings [other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974)” , before a Family Court and for the purposes of the said provisions of the Code, a Family Court shall be deemed to be a civil Court and shall have all the powers of such Court.(2) Subject to the other provisions of this Act and the rules, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) or the rules made thereunder, shall apply to the proceedings under Chapter IX of that Code before a Family Court.

(3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other.

11. Proceedings to be held in camera .In every suit or proceedings to which this Act applies, the proceedings may be held in camera if the Family Court so desires and shall be so held if either party so desires.

12. Assistance of medical and welfare experts .In every suit or proceedings, it shall be open to a Family Court to secure the services of a medical expert or such person (preferably a woman where available), whether related to the parties or not, including a person professionally engaged in promoting the welfare of the family as the Court may think fit, for the purposes of assisting the Family Court in discharging the functions imposed by this Act.

13. Right to legal representation .Notwithstanding anything contained in any law, no party to a suit or proceeding before a Family Court shall be entitled, as of right, to be represented by a legal practitioner:Provided that if the Family Court considers it necessary in the interest of justice, it may seek the assistance of a legal expert as amicus curiae.

14. Application of Indian Evidence Act, 1872 .A Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872).

15. Record of oral evidence .In suits or proceedings before a Family Court, it shall not be necessary to record the evidence of witnesses at length, but the Judge, as the examination of each witness proceeds, shall, record or cause to be recorded, a memorandum of the substance of what the witness deposes, and such memorandum shall be signed by the witness and the Judge and shall form part of the record.

16. Evidence of formal character on affidavit . (1) The evidence of any person where such evidence is of a formal character, may be given by affidavit and may, subject to all just exceptions, be read in evidence in any suit or proceeding before a Family Court.

(2) The Family Court may, if it thinks fit, and shall, on the application of any of the parties to the suit or proceeding summon and examine any such person as to the facts contained in his affidavit.

17. Judgment . Judgment of a Family Court shall contain a concise statement of the case, the point for determination, the decision thereon and the reasons for such decision.

18. Execution of decrees and orders .(1) A decree or an order [other than an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974)” , passed by a Family Court shall have the same force and effect as a decree or order of a Civil Court and shall be executed in the same manner as is prescribed by the Code of Civil Procedure, 1908 (5 of 1908), for the execution of decrees and orders.

(2) An order passed by a Family Court under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) shall be executed in the manner prescribed for the execution of such order by that Code.

(3) A decree or order may be executed either by the Family Court which passed it or by the other Family Court or ordinary Civil Court to which it is sent for execution.

CHAPTER V

[Appeals and Revisions]

19. Appeal . (1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law.

(2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties [or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974):Provided that nothing in this sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) before the commencement of the Family Courts (Amendment) Act, 1991.]

(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court.

[(4) The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding.” ]

[(5)] Except as aforesaid, no appeal or revision shall lie to any Court from any judgment, order or decree of a Family Court.

[(6)] An appeal preferred under sub-section (1) shall be heard by a Bench consisting of two or more Judges.

CHAPTER VI

Miscellaneous

20. Act to have overriding effect .The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

[21. Power of High Court to make rules ].(1) The High Court may, by notification in the Official Gazette, make such rules as it may deem necessary for carrying out the purposes of this Act.(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

(a) normal working hours of Family Courts and holding of sittings of Family Courts on holidays and outside normal working hours;

(b) holding of sittings of Family Courts at places other than their ordinary places of sitting;

(c) efforts which may be made by, and the procedure which may be followed by, a Family Court for assisting and persuading parties to arrive at a settlement.

22. Power of the Central Government to make rules .(1) The Central Government may, with the concurrence of the Chief Justice of India, by notification, make rules prescribing the other qualifications for appointment of a Judge referred to in clause (c) of sub-section (3) of section 4.

(2) Every rule made under this Act by the Central Government shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

[23. Power of the State Government to make rules] .(1) The State Government may, after consultation with the High Court, by notification, make rules for carrying out the purposes of this Act.(2) In particular and without prejudice to the generality of the provisions of sub-section (1), such rules may provide for all or any of the following matters, namely:

(a) the salary or honorarium and other allowances payable to, and the other terms and conditions of Judges under sub-section (6) of section 4;

(b) the terms and conditions of association of counsellors and the terms and conditions of service of the officers and other employees referred to in section 6;

(c) payment of fees and expenses (including travelling expenses) of medical and other experts and other persons referred to in section 12 out of the revenues of the State Government and the scales of such fees and expenses;

(d) payment of fees and expenses to legal practitioners appointed under section 13 as amicus curiae out of the revenues of the State Government and the scales of such fees and expenses;

(e) any other matter which is required to be, or may be, prescribed or provided for by rules.

(3) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

The City Civil Court Act, 1953 [West Bengal]

West Bengal Act 21 of 1953

[1st September, 1953.]

 An Act to establish an additional Civil Court for the City of Calcutta.

Whereas it is expedient to establish an additional Civil Court for the City of Calcutta;

It is hereby enacted as follows:-

1. Short title and commencement. – (1) This Act may be called the City Civil Court Act, 1953.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions. – In this Act, unless there is anything repugnant in the subject or context,-(1) “Chief Judge” means the Chief Judge of the City Civil Court, appointed under sub-section (1) of section 4;

(2) “City Civil Court” means the Court established under section 3;

(3) “City of Calcutta” means the area comprised within the local limits for the time being of the ordinary original civil jurisdiction of the High Court;

(4) “High Court” means the High Court at Calcutta;

(5) “proceeding” includes any proceeding arising out of a suit of a civil nature and any other proceeding whatsoever of a civil nature not arising out of a suit;

(6) “Small Cause Court” means the Court of Small Causes of Calcutta, constituted under the Presidency Small Cause Courts Act,1882;

(7) “suit” includes in appeal.

3. Establishment of City Civil Court. – (1) The State Government may, by notification in the Official Gazette, establish a Civil Court to be called the City Civil Court.

(2) The City Civil Court shall be deemed to be a Court subordinate to and subject to the superintendence of the High Court within the meaning of the Letters Patent for the High Court and of the Code of Civil Procedure, 1908.

4. Appointment of Judges. – (1) There shall be appointed a Chief Judge of the City Civil Court and as many other Judges of that Court as the State Government thinks fit.(2) Each of the Judges of the City Civil Court may exercise all or any of the powers conferred on that Court by this Act or by any other law for the time being in force.

5. Jurisdiction. – (1) The local limits of the jurisdiction of the City Civil Court shall be the City of Calcutta.

(2) Subject to the provisions of sub-sections (3) and (4),[* * *] the City Civil Court shall have jurisdiction and the High Court shall not have jurisdiction to try suits and proceedings of a civil nature, not exceeding [rupees ten lakhs] in value.[Provided that the City Civil Court and the High Court at Calcutta shall have concurrent jurisdiction to try suits and proceedings of a civil nature, the value of which exceeds rupees ten lakhs but does not exceed rupees one crore.]

[(3) The City Civil Court shall have jurisdiction and the High “Court shall not have jurisdiction to try any proceeding under-]

[* * * * * *]

(iii) the Indian Lunacy Act, 1912,

(iv) the Indian Succession Act, 1925.

(4) The City Civil Court shall not have jurisdiction to try suits and proceedings of the description specified in the First Schedule.(5) All suits and proceedings which are not triable by the City Civil Court shall continue to be triable by the High Court or the Small Cause Court or any other Court, tribunal or authority, as the case may be, as heretobefore.

6. Procedure. – Save as otherwise provided in this Act, the Code of Civil Procedure, 1908, shall apply to all suits and proceedings under this Act so far as it is consistent with this Act.

7. Law to be administered by the City Civil Court. – All questions, other than questions relating to procedure or practice, which arise in suits or proceedings before the City Civil Court, shall be dealt with and determined according to the law for the time being administered by the High Court.

8. Appeal. – (1) An appeal shall lie to the High Court from-

(a) every decree passed by the City Civil Court; and

(b) every order passed by the City Civil Court being-

(i) an order specified in sub-section (1) of section 104 of the Code of Civil Procedure, 1908, and in particular, in Order XLIII of the First Schedule to the Code of Civil Procedure, 1908, or an order under clause (i) or clause (ii) of section 14, or

(ii) any other order, from which an appeal lies to the High Court under any law.

(2) (a) The period of limitation for an appeal from a decree or order of the City Civil Court shall be thirty days from the date of such decree or order.

(b) The provisions of the Indian Limitation Act, 1908, other than the portion of sub-section (2) of section 29 thereof, beginning with the words “,and for the purpose of determining” and ending with the words “shall not apply”, shall apply to all suits and proceedings triable by the City Civil Court and to appeals and applications under this Act to the High Court from or in respect of any suit or proceedings.

[(3) Save as otherwise provided in the the foregoing provisions of this section, the City Civil Court shall have jurisdiction and the High Court shall not have jurisdiction in respect of an appeal arising out of a suit or proceeding for the recovery of possession of any premises under [the West Bengal Premises Tenancy Act, 1997.]

8A. Revision. – A revision arising out of a suit or proceeding for the recovery of possession of any premises under [the West Bengal Premises Tenancy Act, 1997.], shall lie to the City Civil Court.]Explanation. – For the purposes of this section, “City Civil Court” shall be deemed to be a District Court within the meaning of section 115A of the Code of Civil Procedure, 1908.

9. Power of High Court to remove suit or proceeding to itself. – Omitted by West Bengal Act 35 of 1969.

10. Power of Chief Judge in respect of distribution of business, and transfer and withdrawal of suits or proceedings. – (1) The Chief Judge may make such arrangements as he thinks fit for the distribution of business of City Civil Court among the Judges thereof.

(2) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or if he is of opinion that it is necessary so to do in order to ensure proper distribution of business or in order to give effect to the provisions of section 11, then of his own motion and without such notice, the Chief Judge may at any stage-

(a) transfer any suit or proceeding pending before him for trial or disposal to any other Judge of the City Civil Court, or

(b) withdraw any suit or proceeding pending before any other Judge of that Court, and

(i) try or dispose of the same; or

(ii) transfer the same for trial or disposal to any Judge other than the Judge from whom it was withdrawn.

(3) Where any suit or proceeding has been transferred or withdrawn under sub-section (2), the Judge who thereafter tries such suit or proceedings may, subject to any special directions in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn, as he thinks fit:Provided that in a suit or proceeding where the hearing has already commenced before the transfer or withdrawal, the Judge shall retry it if any of the parties prays for a retrial.

11. No Judges to try suits or proceedings in which he is interested. – (1) The Chief Judge, or any other Judge of the City Civil Court, shall not try any suit or proceeding to which he is a party or in which he is directly or indirectly interested.(2) When any such suit or proceeding comes before the Chief Judge, he shall of his own motion forthwith transfer it under section 10, to another Judge of the City Civil Court.(3) When any such suit or proceeding comes before any other Judge of the City Civil Court, he shall of his own motion forthwith transmit the record of such suit or proceeding to the Chief Judge with a report of the circumstances and the Chief Judge shall deal with such suit or proceeding under section 10.

12. Temporary charge of office of Chief Judge. – (1) In the event of the death, resignation or removal or absence on leave of the Chief Judge or of his being incapacitated by illness or otherwise from the performance of his duties, or of his absence from the City of Calcutta, the Judge of the City Civil Court next in order of seniority according to the period of [service in the West Bengal Higher Judicial Service], who may be present, shall, without relinquishing his ordinary duties, assume charge of the office of the Chief Judge, and shall continue in charge thereof until the office is resumed by the Chief Judge or assumed by a person appointed thereto.

(2) While in charge of the office of the Chief Judge, such Judge may, subject to any rules which the High Court may make in this behalf, exercise any of the powers of the Chief Judge.

13. Vacancy in the office of a Judge other than the Chief Judge. – (1) In the event of the death, resignation or removal or absence on leave of a Judge of the City Civil Court other than the Chief Judge, or of his being incapacitated by illness or otherwise from the performance of his duties or of his absence from the City of Calcutta, the Chief Judge may transfer all or any of the suits and proceedings which were pending before such Judge, either to himself or to any other Judge of the City Civil Court.

(2) Suits and proceedings transferred under sub-section (1) shall be disposed of in the manner provided in sub-section (2) of section 10.

14. Return of plaint for want of jurisdiction and provision for crediting fees already paid. – If at any stage of a suit or proceeding instituted in the High Court or the City Civil Court, such Court finds that for want of jurisdiction it cannot, or will not be able to, entertain or decide the suit or proceeding and that it should have been instituted in the City Civil Court or the High Court, as the case may be, the High Court or the City Civil Court shall,-

(i) order the plaint or the application to be returned for presentation to the City Civil Court or the High Court, as the case may be; and

(ii) order that in the levy of any court-fee payable by a party to a suit or proceeding in connection with the suit or proceeding in the City Civil Court or the High Court, as the case may be, credit shall be given for any court-fee already paid by such party in connection with the suit or proceeding instituted in the High Court, or the City Civil Court and that any excess shall be refunded.

15. Appointment of Registrar and of clerks and other ministerial officers and their duties. – (1) The State Government shall appoint a person to be the Registrar of the City Civil Court.(2) The State Government shall fix the number of clerks and other ministerial officers for the City Civil Court. The appointment of such clerks and other ministerial officers shall be made by the State Government or, if in any class or classes of cases the State Government so directs, by the Chief Judge.(3) Subject to the superintendence of the High Court, the Chief Judge shall have administrative control over the Registrar of the City Civil Court, and the clerks and ministerial officers referred to in sub-section (2), and may frame regulations prescribing the duties of such Registrar, clerks and ministerial officers.

16. Holidays and vacation. – (1) The Chief Judge shall, before the commencement of each year, draw up a list of holidays and vacations to be observed in the City Civil Court, and shall submit the same for the approval of the High Court.(2) Such list, when it has received such approval, shall be published in the Official Gazette and the said holidays and vacations shall be observed accordingly.

17. Attorneys entitled to act and plead in the City Civil Court. – (1) All persons entered as attorneys-at-law on the roll of the High Court shall be entitled to act and plead in the City Civil Court.(2) The provisions of sub-section (1) shall be in addition to and not in derogation of any law entitling a person to act and plead, or to plead, as the case may be, in the City Civil Court.

18. Seal. – The City Civil Court shall use a seal of such form and dimension as may, for the time being, be prescribed by the State Government.

19. Rules. – (1) The High Court may, from time to time, with the approval of the Governor, make rules for the purpose of giving effect to the provisions of this Act.(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely,-

(a) the practice and procedure of the City Civil Court, so far as such rules are not inconsistent with the provisions of this Act as read with the Code of Civil Procedure, 1908;

(b) registers, books, accounts and other records to be maintained by the City Civil Court;

(c) returns, statements and other information to be submitted by the City Civil Court from time to time to the High Court, and also to the State Government if required by the State Government;

(d) the manner in which the period of service in the City Civil Court of the Judges of that Court shall be calculated and the exercise of the powers of the Chief Judge under sub-section (2) of section 12;

(e) the manner in which credit shall be given for court-fee already paid and the manner in which refund shall be made of any excess of court-fee in cases where a direction has been issued under the provision to clause (b) of sub-section (2) of section 9, or an order has been made under clause (ii) of section 14.

[(f) delegation to the Registrar of the City Civil Court of any judicial, quasi-judicial and non-judicial duties.]

20. Saving of suits and proceedings pending in High Court. – Nothing in this Act shall affect any suit or proceeding pending in the High Court on the date on which this Act comes into force, and every such suit or proceeding shall be continued as if this Act had not been passed.

21. Act to override other law including Letters Patent. – The provisions of this Act shall have effect notwithstanding anything to the contrary in any other law, including in particular the Letters Patent of the High Court.

22. Amendments to certain enactments. – The enactments specified in the Second Schedule are hereby amended in their application to West Bengal to the extent and in the manner mentioned in the fourth column of such Schedule.

line

The First Schedule.

[See section 5 (4).]

1. Suits and proceedings triable by the High Court as a Court of Admiralty or Vice-Admiralty, or as a Colonial Court of Admiralty.[* * * * * * * *]10. Suits and proceedings-

(i) under the Indian Companies Act, 1913, or the Banking Companies Act, 1949, or

(ii) relating to or arising out of the constitution, incorporation, management or winding up of corporations.

[10A. Proceedings for the relief of insolvent debtors triable by the High Court.][* * * * * * * * *]

15. Suits and proceedings triable by the High Court as a Court of matrimonial jurisdiction.

16. Suits and proceedings triable by the High Court under any special law other than the Letters Patent.17. Suits and proceedings triable by the Small Cause Court.

[The Second Schedule.

(See section 22.)

Year Number Short Title Amendments
1 2 3 4
Acts of the Central Legislature
1890 8 The Guardians and Wards Act, 1890. In clause (4) of section 4, for the words “a High Court in the exercise of its ordinary original civil jurisdiction”, the words “as respects the city of Calcutta as defined in the City Civil Court Act, 1953, the City Civil Court established under that Act” shall be substituted.
[********]
1912 4 Indian Lunacy Act 1912. (1) In clause (1) of section 25, for the words “High Court”, the words “City Civil Court” shall be substituted.

(2) In section 26, in sub-section (1), for the words “High Court”, the words “City Civil” Court” shall be substituted.

(3) In Chapter IV under Part III, for section 37, the following section shall be substituted: –

“37. Jurisdiction in lunacy in Presidency-town.– Except as otherwise provided hereinafter in this Chapter, the Court having jurisdiction under this Chapter shall be the City Civil Court established under the City Civil Court Act, 1953.”

(4) In section 39, after the words “Advocate-General” the words “or the Government pleader” shall be inserted.

(5) Sections 43 and 44 shall be omitted.

(6) In section 45, the words “or the finding of the District Court to which the inquisition may have been referred under the provisions of section 43 with such amendments as may be made under the provisions of section 44, as the case may be,” shall be omitted.

(7) In the proviso to section 55, for the words “High Court ” in the two places where they occur, the words “City Civil Court” shall be substituted.

(8) After section 60, the following section shall be inserted : -“60A. Appeals.- An appeal shall lie to the High Court from any order made by the City Civil Court, under this Chapter.”.

(9) In section 61, for the words “The Court” the words “The High Court” shall be substituted.

(10) In the proviso to sub-section (1) of section 71, for the words “High Court”, the words “City Civil Court” shall be substituted.

(11) In Chapter VII under Part IV, in section 88, for the words “High Court”, the words “City Civil Court” shall be substituted.

1925 39 Indian Succession Act, 1925. (1) To clause (bb) of section 2, the following proviso shall be added: –

“Provided that as respect the area comprised within the local limits for the time being of the ordinary original civil jurisdiction of the High Court at Calcutta references to a District Judge in this Act shall be construed as references to the City Civil Court established under the City Civil Court Act, 1953.”.

(2) In section 273, clause (a) of the proviso shall be omitted.

(3) In section 274, for sub-section (1), the following sub-section shall be substituted: –

“(1) Where probate or letters of administration has or have been granted by a District Judge with the effect referred to in the proviso to section 273, the District Judge shall send a certificate thereof to the High Court to which such District Judge is subordinate and to each of the other High Courts.”.

(4) Section 300 shall be omitted.

(5) For Schedule IV, the following Schedule shall be substituted: –

“Schedule IV
[See section 274 (2).]
Form Of Certificate
I., A. B., ……….. hereby certify that on the day of granted probate of the will (or letters of administration of the estate) of C.D., late of deceased, to E. F. of .. and G.H. of and that such probate (or letters) has (or have) effect over all the property of the deceased throughout India.”.
[Acts of the West Bengal Legislature
1997 XXXVII The West Bengal Premises Tenancy Act, 1997. In the Schedule IV, for clauses (a) and (b), the following clauses shall be substituted: –

“(a) in case the value of the suit exceeds rupees one crore, to the High Court of Calcutta;

(aa) in case the value of the suit does not exceed rupees one crore but exceeds rupees ten lakhs, to the City Civil Court established under section 3 of the City Civil Court Act, 1953 and the High Court at Calcutta, concurrently;

(b) In case the value of the suit does not exceed rupees ten lakhs but exceeds rupees sixty thousand, to the City Civil Court established under section 3 of the City Civil Court Act, 1953.”]

Sessions Court in India

 Under Code of Criminal Procedure -1973 [Ch-2] [S 9 and 10]

9. Court of Session

(1) The State Government shall establish a Court of Session for every sessions division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
(3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.
(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.
(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.
(6) The Court of Sessions shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.
Explanation.— For the purposes of this Code, “appointment” does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by Government.

10. Subordination of Assistant Sessions Judges

(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.
(2) The Sessions Judges may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges.
(3) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

BENGAL, AGRA AND ASSAM CIVIL COURTS ACT, 1887

12 of 1887
11th March, 1887

An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam.

 It is hereby enacted as follows:-

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CHAPTER 01: PRELIMINARY

SECTION 01: TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called The Bengal[Agra] and Assam Civil Courts Act, 1887.
(2) It extends to the territories3[which were on the 11th March, 1887,] respectively administered by the Lieutenant-Governor of Bengal, the Lieutenant-Governor of the North- Western Provinces and the Chief Commissioner of Assam except such portions of those territories as for the time being are not subject to the ordinary civil jurisdiction of the High Courts4[* * *]; and
(3) It shall come into force on the first day of July, 1887.


SECTION 02

(1) Rep

(2) All Courts constituted, appointments, nominations, rules and orders made, jurisdiction and power conferred and lists published under the Bengal Civil Courts Act, 1871 or any enactment thereby repealed, or purporting expressly or impliedly to have been so constituted, made, conferred and published, shall be deemed to have been respectively constituted, made, conferred and published under this Act; and
(3) Any enactment or document referring to the Bengal Civil Courts Act, 1871, or to any enactment thereby repealed, shall be construed to refer to this Act or to the corresponding portion thereof.

Comment: this act has been extended in Assam in 1947

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CHAPTER 02: CONSTITUTION OF CIVIL COURTS

SECTION 03: CLASSES OF COURTS
 There shall be the following classes of Civil Courts under this Act, namely:-
(1) the Court of the District Judge;
(2) the Court of the Additional Judge;
(3) the Court of the Subordinate Judge; and
(4) the Court of the Munsif.

SECTION 04: NUMBER OF DISTRICT JUDGES, SUBORDINATE JUDGES AND MUNSIFS
The State Government may alter the number of District Judges, Subordinate Judges and Munsifs now fixed.]State Amendments

SECTION 05: NUMBER OF MUNSIFS – (Repealed by the Decentralization Act, 1914 (4 of 1914), S.2 and Sch., Part 1).

SECTION 06: VACANCIES AMONG DISTRICT OR SUBORDINATE JUDGES

(1) Whenever the office of District Judge or Subordinate Judge is vacant by reason of the death, resignation or removal of the Judge or other cause, or whenever 7[an increase in the number of District or Subordinate Judges has been made under the provisions of section 4-], the8[State Government or, as the case may be, the High Court] may fill up the vacancy or appoint the Additional District Judges or Subordinate Judges9[* * *].
(2) Nothing in this section shall be construed to prevent a State Government from appointing a District Judge or Subordinate Judge to discharge, for such period as it thinks fit, in addition to the functions devolving on him as such District Judge or Subordinate Judge, all or any of the functions of another District Judge or Subordinate Judge, as the case may be. State Amendments

SECTION 07: VACANCIES AMONG MUNSIFS – (Repealed by A. O. 1937.)

SECTION 08: ADDITIONAL JUDGES
(1) Where the business pending before any District Judge requires the aid of Additional Judges for its speedy disposal, the State Government may,10[having consulted] the High Court11[* * *] appoint such Additional Judges as may be requisite.
(2) Additional Judges so appointed shall discharge any of the functions of a District Judge which the District Judge may assign to them, and, in the discharge of those functions, they shall exercise the same powers as the District Judge.
State Amendments

SECTION 09: ADMINISTRATIVE CONTROL OF COURTS
Subject to the superintendence of the High Court, the District Judge shall have administrative control over all the Civil Courts under this Act within the local limits of his jurisdiction.

SECTION 10: TEMPORARY CHARGE OF DISTRICT COURT
(1) In the event of the death, resignation or removal of the District Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the Additional Judge, or, if an Additional Judge is not present at that place, the senior Subordinate Judge present thereat, shall, without relinquishing his ordinary duties, assume charge of the office of the District Judge, and shall continue in charge thereof until the office is resumed by the District Judge or assumed by an officer appointed thereto.
(2) While in the charge of the Office of the District Judge, the Additional Judge or Subordinate Judge, as the case may be, may, subject to any rules which the High Court may make in this behalf, exercise any of the powers of the District Judge.
State Amendments

SECTION 11: TRANSFER OF PROCEEDINGS ON VACATION OF OFFICE OF SUBORDINATE JUDGE
(1) In the event of the death, resignation or removal of a Subordinate Judge, or of his being incapacitated by illness or otherwise for the performance of his duties or of his absence from the place at which his Court is held, the District Judge may transfer all or any of the proceedings pending in the Court of the Subordinate Judge either to his own Court or to any Court under his administrative control competent to dispose of them.
(2) Proceedings transferred under sub-section (1) shall be disposed of as if they had been instituted in the Court to which they are so transferred;
(3) Provided that the District Judge may retransfer to the Court of the Subordinate Judge or his successor any proceedings transferred under sub-sec. (1) to his own or any other Court.
(4) For the purposes of proceedings which are not pending in the Court of the Subordinate Judge on the occurrence of an event referred to in sub-section (1), and with respect to which that Court has exclusive jurisdiction, the District Judge may exercise all or any of the jurisdiction of that Court.


SECTION 12: TEMPORARY CHARGE OF OFFICE OF MUNSIF – [Repealed by A.O., 1937.]

SECTION 13: POWER TO FIX LOCAL LIMITS OF JURISDICTION OF COURTS
(1) The State Government may, by notification in the Official Gazette, fix and alter the local limits of the jurisdiction of any Civil Court under this Act.
(2) If the same local jurisdiction is assigned to two or more Subordinate Judges or to two or more Munsifs, the District Judge may assign to each of them such civil business cognizable by the Subordinate Judge or Munsif, as the case may be , as, subject to any general or special orders of the High Court, he thinks fit.
(3) When civil business arising in any local area is assigned by the District Judge under sub-section
(2) to one of two or more Subordinate Judges, or to one or two or more Munsifs, a decree or order passed by the Subordinate Judge or Munsif shall not be invalid by reason only of the case in which it was made having arisen wholly or in part in a place beyond the local area if that place is within the local limits fixed by the State Government under sub-section (1).
(4) A Judge of a Court of Small Causes appointed to be also a Subordinate Judge or Munsif is a Subordinate Judge or Munsif, as the case may be, within the meaning of this section.
(5) The present local limits of the jurisdiction of every Civil Court under this Act shall be deemed to have been fixed under this section.


SECTION 14: PLACE OF SITTING OF COURTS
(1) The State Government may, by notification in the Official Gazette, fix and alter the place or places at which any Civil Court under this Act is to be held.
(2) All places at which any such Courts are now held shall be deemed to have been fixed under this section.


SECTION 15: VACATIONS OF COURTS
(l)Subject to such orders as may be made by the State Government the High Court shall prepare a list of days to be observed in each year as close holidays in the Civil Courts.
(2) The list shall be published in the Official Gazette.
(3) A judicial act done by a Civil Court on a day specified in the list shall not be invalid by reason only of its having been done on that day.


SECTION 16: SEALS OF COURTS
Every Civil Court under this Act shall use a seal of such form and dimensions as are prescribed by the State Government.


SECTION 17: CONTINUANCE OF PROCEEDING OF COURTS CEASING TO HAVE JURISDICTION
(1) Where any Civil Court under this Act has from any cause ceased to have jurisdiction with respect to any case, any proceeding in relation to that case which, if that Court had not ceased to have jurisdiction, might have been had therein may be had in the Court to which the business of the former Court has been transferred.
(2) Nothing in this section applies to cases for which provision is made insection 623orsection 649 of the Code of Civil Procedure or in any other enactment for the time being in force.
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CHAPTER 03: ORDINARY JURISDICTION

SECTION 18: EXTENT OF ORIGINAL JURISDICTION OF DISTRICT OR SUBORDINATE JUDGE
Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or Subordinate Judge extends, subject to the provisions of section 15 of the Code of Civil Procedure-to all original suits for the time being cognizable by Civil Courts. (a) In Bengal. Assam and Bihar, the figures “1908” have been inserted at this place by Bengal Act 19 of 1935, Assam Act 6 of 1935 and Bihar Act 12 of 1960, S. 3, respectively.


SECTION 19: EXTENT OF JURISDICTION OF MUNSIF
(1) Save as aforesaid, and subject to the provisions of sub-section (2). the jurisdiction of a Munsif extends to all like suits of which the value does not exceed one thousand rupees.
(2) The State Government may, on the recommendation of the High Court, direct, by notification in the Official Gazette, with respect to any Munsif named therein, that his jurisdiction shall extend to all like suits of such value not exceeding two thousand rupees as may be specified in the notification:

Provided that the State Government may, by notification in the Official gazette, delegate to the High Court its powers under this section.


SECTION 20: APPEALS FROM DISTRICT AND ADDITIONAL JUDGES
(1) Save as otherwise provided by any enactment of the time being in force, an appeal from a decree or order of a District Judge or Additional Judge shall lie to the High Court.
(2) An appeal shall not lie to the High Court from a decree or order of an Additional Judge in any case in which, if the decree or order had been made by the District Judge, an appeal would not lie to that Court.


SECTION 21: APPEALS FROM SUBORDINATE JUDGES AND MUNSIFS
(1) Save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie-
(a) to the District Judge where the value of the original suit in which or in any proceeding arising out of which the decree or order was made did not exceed fifty thousand rupees, and
(b) to the High court in any other case.
(2) Save as aforesaid an appeal from a decree or order of a Munsif shall lie to the District Judge.
(3) Where the function of receiving any appeals which lie to the District Judge under sub-section (1) or sub-section (2) has been assigned to an Additional Judge, the appeals may be preferred to the Additional Judge.
(4) The High court may, with the previous sanction of the State Government direct, by notification in the Official Gazette, that appeals lying to the District Judge under sub-section (2)from all or any of the decrees or orders of any Munsif shall be preferred to the Court of such subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly.
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CHAPTER 04: SPECIAL JURISDICTION

SECTION 22: POWER TO TRANSFER TO SUBORDINATE JUDGES APPEALS FROM MUNSIFS
(1) A District Judge may transfer to any Subordinate Judge under his administrative control any appeals pending before him from the decrees or orders of Munsifs.
(2) The District Judge may withdraw any appeal so transferred, and either hear and dispose of it himself or transfer it to a Court under his administrative control competent to dispose of it.
(3) Appeals transferred under this section shall be disposed of subject to the rules applicable to like appeals when disposed of by the District Judge.
State Amendments


SECTION 23: EXERCISE BY SUBORDINATE JUDGE OR MUNSIF OF JURISDICTION OF DISTRICT COURT IN CERTAIN PROCEEDINGS
(1) The High Court may, by general or special order, authorize any Subordinate Judge or Munsif to take cognizance of, or any District Judge to transfer to a Subordinate Judge or Munsif under his administrative control, any of the proceedings next ereinafter mentioned or any class of those proceedings specified in the order.
(2) The proceedings referred to in sub-section (1) are the following namely:-
(a) proceedings under Bengal Regulation 5. 1799 (to limit the Interference of the Zillah and City Courts of Dewanny Adawlut in the Execution of Wills and administration to the Estates of persons dying intestate);
20[******]
21[******]
(d) proceedings under the Indian Succession Act, 1865 and the Probate and Administration Act. 1881. which cannot be disposed of by District Delegates: and
(e) references by Collectors under section 322C of the Code of Civil Procedure.
(3) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to, a Subordinate Judge or Munsif, and may either himself dispose of them or transfer them to a Court under this administrative control competent to dispose of them.


SECTION 24: DISPOSAL OF PROCEEDINGS REFERRED TO IN LAST FOREGOING SECTION
(1) Proceedings taken cognizance of by, or transferred to, a Subordinate Judge or Munsif, as the case may be, under the last foregoing section shall be disposed of by him subject to the rules applicable to like proceedings when disposed of by the District Judge: Provided that an appeal from an order of the Munsif in any such proceedings shall lie to the Distict Judge.
(2) An appeal from the order of the District Judge on the appeal from the order of a munsif under this section shall lie to the High Court if a further appeal from the order of the District Judge is allowed by the law for the time being in force.


SECTION 25: POWER TO INVEST SUBORDINATE JUDGES AND MUNSIFS WITH SMALL CAUSE COURT JURISDICTION
The State Government may by notification in the Official Gazette, confer, within such local limits as it thinks fit upon any subordinate Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act. 1887 for the trial of suits., cognizabk by such Courts, up to such value of not exceeding five hundered rupees in the case of a Subordinate Judge or[two hundred and fifty rupees] in the case of a Munsif as it thinks Fit, and may withdraw any jurisdiction so conferred

Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.


CHAPTER 05: MISFEASANCE (REPEALED BY A. O., 1937)
SECTION 26 –30 REPEALED
CHAPTER 06: MINISTERIAL OFFICERS. (REPEALED BY A. 0. 1937)
SECTION 31 –35 REPEALED

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CHAPTER 07: SUPPLEMENTAL PROVISIONS

SECTION 36: POWER TO CONFER POWERS OF CIVIL COURTS ON OFFICERS
-(1) The State Government may invest with the powers of any Civil Court under this Act, by name or in virtue of office,-
(a) any officer in the Chutia Nagpur,31[Sambalpur,] Jalpaiguri or Darjeeling District, or in any part of the territories administered by the Chief Commissioner of Assam except the district of Sylhet, or,
(b) after consultation with the High Court, any officer serving in any other part of the territories to which this Act extends and belonging to a class defined in this behalf by the State Government32[* **].
(2) Nothing in33[sections 4-,5-,6-,8-,10-or11-] applies to any officer so invested, but all the other provisions of this Act shall, so far as those provisions can be made applicable, apply to him as if he were a Judge of the Court with the powers of which he is invested.
(3) Where, in the territories mentioned in clause (a) of sub-section (1), the same local jurisdiction is assigned to two or more officers invested with the powers of a Munsif the officer invested with the powers of a District Judge may, with the previous sanction of the State Government, delegate his functions under sub-section (2) ofSection 13-to an officer invested with the powers of a Subordinate Judge or to one of the officers invested with the powers of a Munsif.
(4) Where the place at which the Court of an officer, invested with powers under sub-section (1) is to be held has not been fixed under Sec. 14, the Court may be held at any place within the local limits of its jurisdiction.


SECTION 37: CERTAIN DECISIONS TO BE ACCORDING TO NATIVE LAW
(1) Where in any suit or other proceeding it is necessary for a Civil Court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution, the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law in cases where the parties are Hindus shall form the rule of decision except in so far as such law has. by legislative enactment, been altered or abolished.
(2) I n cases not provided for by sub-section (1) or by any other law for the time being in force, the court shall act according to justice, equity and good conscience.

SECTION 38: JUDGES NOT TO TRY SUITS IN WHICH THEY ARE INTERESTED
(1) The presiding officer of a Civil Court shall not try any suit or other proceeding to which he is a party or in which he is personally interested.
(2) The presiding officer of an appellate Civil Court under this Act shall not try an appeal against a decres or order passed by himself in another capacity.
(3) When any such suit, proceeding or appeal as is referred to in sub-section (1) or sub-section
(2) comes before any such officer, the officer shall forthwith transmit the record of the case to the Court to which he is immediately subordinate, with a report of the circumstances attending the reference.
(4) The superior Court shall thereupon dispose of the case under Section 25 of the Code of Civil Procedure-.
(5) Nothing in this section shall be deemed to affect the extraordinary original civil jurisdiction of the High Court.


SECTION 39: SUBORDINATION OF COURTS TO DISTRICT COURT
For the purposes of the last foregoing section the presiding officer of a Court subject to the administrative control of the District Judge shall be deemed to be immediately subordinate to the Court of the District Judge, and for the purposes of the Code of Civil Procedure, the Court of such an officer shall be deemed to be of a grade inferior to that of the Court of the District Judge.


SECTION 40: APPLICATION OF ACT TO STATE COURTS OF SMALL CAUSES
(1) This section and sections 15-,32-.37-,38-and39-apply to Courts of Small Causes constituted under the Provincial Small Cause Courts Act, 1887.
(2) Save as provided by that Act, the other sections of this Act do not apply to those Courts.

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