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Section 28: Temporary vacancy of Judges

The Goa Civil Courts Act, 1965Union territory Act of Dadra and Nagar Haveli and Daman and Diu · Act 16 of 1965

(1) In the event of the District Judge being prevented from performing his duties by illness or other casualty, or of his absence from his district on leave, or of death, the Senior most Additional District Judge if any or in his absence 39[…], the Senior most Civil Judge shall assume charge of the District Court without interruption to his ordinary jurisdiction, and while so in charge shall perform the duties of a District Judge with respect to the filing of suits and appeals, receiving pleadings, execution of processes, return of writs and the like and shall be designated Additional District Judge 40[…] or Civil Judge as the case may be, in charge of the district and shall continue in such charge until the office of District Judge may be resumed or assumed by an officer duly appointed thereto.

36 Inserted by Goa Act No. 16 of 2005 published in the Official Gazette (Extraordinary), Series I No. 28 dated 13th October, 2005 and came into force at once.

37 Substituted for the expression “District Court of Goa, Daman and Diu”, by Amendment Goa Act 22 of 2009.

38 Omitted the words “and Assistant Judge” by Amendment Goa Act 22 of 2009 .

39 Omitted the expression “the senior most Assistant Judge if any or” by Amendment Goa Act 22 of 2009 .

40 Omitted the words “Assistant Judge” by Amendment Goa Act 22 of 2009 .

Manual of Goa Laws (Vol. I) – 932 – Civil Court Act

(2) In the event of the death, suspension or temporary absence of any Civil Judge, the District Judge may empower the Judge of any other subordinate Court to perform the duties of the Judge of the vacated subordinate Court, either at the place of such Court or of his own Court; but in every such case the registers and records of the two Courts shall be kept distinct.

Where this provision sits

ActThe Goa Civil Courts Act, 1965
Section28
Marginal noteTemporary vacancy of Judges
JurisdictionUnion territory of Dadra and Nagar Haveli and Daman and Diu
StatusIn force as published by the source

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