The Presidency Small Cause Courts Act, 1882
Central Act · Act 15 of 188291 provisions3 citing judgments
The enactment
| Long title | An Act to consolidate and amend the law relating to the Courts of Small Causes established in the Presidency-towns. |
|---|---|
| Type | Act |
| Citation | Act 15 of 1882 |
| Year | 1882 |
| Jurisdiction | Central |
| Ministry | Ministry of Law and Justice |
| Status | In force as published by the source |
| Provisions published | 91 |
| Subjects | civil |
Full text, provision by provision
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- Section 1 Short title.
- Section 4 “Small Cause Court” and “Registrar” defined.
- Section 5 Courts of Small Causes established.
- Section 6 Court to be deemed under superintendence, etc., of High Court.1 citing judgment
- Section 7 Appointment of Judges.
- Section 8 Rank and precedence of Judges.
- Section 8A Performance of duties of absent Judge.
- Section 9 Procedure and practice of Small Cause Court.
- Section 10 Chief Judge to distribute business of Court.
- Section 11 Procedure in case of difference of opinion.
- Section 12 Seal to be used.
- Section 13 Appointment of Registrar and other officers.
- Section 14 Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees.
- Section 15 Judge or other officer not to practise or trade.
- Section 16 Questions arising in suits, etc., under Act to he decided according to law administered by High Court.
- Section 17 Local limits of jurisdiction of Court.
- Section 18 Suits in which Court has jurisdiction.1 citing judgment
- Section 18A Plaintiff may abandon suit against defendant resident out of jurisdiction.
- Section 19 Suits in which Court has no jurisdiction.1 citing judgment
- Section 19A Return of plaint.
- Section 20 Court may by consent try suits beyond pecuniary limits of jurisdiction.
- Section 21 Suits by and against officers of Court.
- Section 22 Costs when plaintiff sues in High Court in other cases cognizable by Small Cause Court.
- Section 24 No written statement except in cases of set-off.
- Section 25 Return of documents admitted in evidence.
- Section 26 Compensation payable by plaintiff to defendant in certain cases.
- Section 27 Decree-holder to accompany officer executing warrant.
- Section 28 Things attached to immovable property and removable by tenant to be deemed movable in execution.
- Section 29 Discharge of judgment-debtor on sufficient security.
- Section 30 Court may in certain cases suspend execution of decree.
- Section 31 Execution of decree of Small Cause Court by other Courts.
- Section 32 Minors may sue in certain cases as if of full age.
- Section 33 Power to delegate non-judicial duties.
- Section 34 Registrar to hear and determine suits like a Judge.
- Section 35 Registrar may execute all decrees with the same powers as a Judge.
- Section 36 Decrees and orders of Registrar to be subject to new trial as if made by a Judge.
- Section 37 General finality of decrees and orders of Small Cause Court.
- Section 38 New trial of contested cases.
- Section 39 Removal of certain causes into High Court.
- Section 40 Rules with respect to suits removed under the last foregoing section.
- Section 41 Summons against person occupying property without leave.
- Section 42 Service of summons.
- Section 43 Order for possession.
- Section 44 Such order to justify bailiff entering on property and giving possession.
- Section 45 Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings.
- Section 46 Liability of applicant obtaining order when not entitled.
- Section 47 Stay of proceedings on occupant giving security to bring suit against applicant.
- Section 48 Proceedings to be regulated by Code of Civil Procedure.
- Section 49 Recovery of possession no bar to suit to try title.
- Section 50 Local extent of Chapter.
- Section 51 Appointment of bailiffs and appraisers.
- Section 52 Appointees to be public servants.
- Section 53 Application for distress-warrant.
- Section 54 Issue of distress-warrant.
- Section 55 Time for distress.
- Section 56 What places bailiff may force open.
- Section 57 Property which may be seized.
- Section 58 Impounding distress.
- Section 59 Inventory.
- Section 60 Application to discharge or suspend warrant.
- Section 61 Claim to goods distrained made by a stranger.
- Section 62 Power to award compensation to debtor or claimant.
- Section 63 Power to transfer to High Court cases involving more than one thousand rupees.
- Section 64 Appraisement.
- Section 65 Sale.
- Section 67 Account of costs and proceeds.
- Section 68 Bar of distresses except under this Chapter.
- Section 69 Reference when compulsory.
- Section 70 Security to be furnished on such reference by party against whom contingent judgment given.
- Section 71 Institution-fee.
- Section 72 Fees for processes.
- Section 73 Repayment of half-fees on settlement before hearing.
- Section 74 Fees and costs of poor persons.
- Section 75 Power to vary fees.
- Section 76 Expense of employing legal practitioners.
- Section 77 Sections 3, 5 and 25 of Court-fees Act, 1870, saved.
- Section 79 Default of bailiff or other officer in execution of order or warrant.
- Section 80 Extortion or default of officers.
- Section 81 Court empowered to summon witnesses, etc.
- Section 82 Enforcement of order.
- Section 85 [Repealed.].
- Section 87 Imprisonment or committal of person refusing to answer or produce document.
- Section 88 Appeal from orders under section 87.
- Section 89 Persons by whom process may be served.
- Section 90 Registers and returns.
- Section 91 Court to furnish records, etc., called for by State Government or High Court.
- Section 92 Holidays and vacations.
- Section 93 Certain persons exempt from arrest by Court.
- Section 95 Place of imprisonment.
- Section 96 Tender in suit for anything done under Act.
- Section 97 Limitation of prosecutions.
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