PRELIMINARY
Section 1 — Short title.
This Act may be called the Presidency Small Cause Courts Act, 1882; and it shall come into force on the first day of July, 1882. But nothing herein contained shall affect the provisions of the Army Act, [Omitted] (44 & 45 Vict., c. 58) section 151, or the rights or liabilities of any person under any decree passed before that day.
Browse all 104 sections
- 1.Short title.
- 2.[Repealed.].
- 3.[Repealed.].
- 4.“Small Cause Court” and “Registrar” defined.
- 5.Courts of Small Causes established.
- 6.Court to be deemed under superintendence, etc., of High Court.
- 7.Appointment of Judges.
- 8.Rank and precedence of Judges.
- 8A.Performance of duties of absent Judge.
- 9.Procedure and practice of Small Cause Court.
- 10.Chief Judge to distribute business of Court.
- 11.Procedure in case of difference of opinion.
- 12.Seal to be used.
- 13.Appointment of Registrar and other officers.
- 14.Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees.
- 15.Judge or other officer not to practise or trade.
- 16.Questions arising in suits, etc., under Act to be decided according to law administered by High Court.
- 17.Local limits of jurisdiction of Court.
- 18.Suits in which Court has jurisdiction.
- 18A.Plaintiff may abandon suit against defendant resident out of jurisdiction.
- 19.Suits in which Court has no jurisdiction.
- 19A.Return of plaint.
- 20.Court may by consent try suits beyond pecuniary limits of jurisdiction.
- 21.Suits by and against officers of Court.
- 22.Costs when plaintiff sues in High Court in other cases cognizable by Small Cause Court.
- 23.[Repealed.]
- 24.No written statement except in cases of set-off.
- 25.Return of documents admitted in evidence.
- 26.Compensation payable by plaintiff to defendant in certain cases.
- 27.Decree-holder to accompany officer executing warrant.
- 28.Things attached to immovable property and removable by tenant to be deemed movable in execution.
- 29.Discharge of judgment-debtor on sufficient security.
- 30.Court may in certain cases suspend execution of decree.
- 31.Execution of decree of Small Cause Court by other Courts.
- 32.Minors may sue in certain cases as if of full age.
- 33.Power to delegate non-judicial duties.
- 34.Registrar to hear and determine suits like a Judge.
- 35.Registrar may execute all decrees with the same powers as a Judge.
- 36.Decrees and orders of Registrar to be subject to new trial as if made by a Judge.
- 37.General finality of decrees and orders of Small Cause Court.
- 38.New trial of contested cases.
- 39.Removal of certain causes into High Court.
- 40.Rules with respect to suits removed under the last foregoing section.
- 41.Summons against person occupying property without leave.
- 42.Service of summons.
- 43.Order for possession.
- 44.Such order to justify bailiff entering on property and giving possession.
- 45.Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings.
- 46.Liability of applicant obtaining order when not entitled.
- 47.Stay of proceedings on occupant giving security to bring suit against applicant.
- 48.Proceedings to be regulated by Code of Civil Procedure.
- 49.Recovery of possession no bar to suit to try title.
- 50.Local extent of Chapter.
- 51.Appointment of bailiffs and appraisers.
- 52.Appointees to be public servants.
- 53.Application for distress-warrant.
- 54.Issue of distress-warrant.
- 55.Time for distress.
- 56.What places bailiff may force open.
- 57.Property which may be seized.
- 58.Impounding distress.
- 59.Inventory.
- 60.Application to discharge or suspend warrant.
- 61.Claim to goods distrained made by a stranger.
- 62.Power to award compensation to debtor or claimant.
- 63.Power to transfer to High Court cases involving more than one thousand rupees.
- 64.Appraisement.
- 65.Sale.
- 66.Costs of distresses.
- 67.Account of costs and proceeds.
- 68.Bar of distresses except under this Chapter.
- 69.Reference when compulsory.
- 70.Security to be furnished on such reference by party against whom contingent judgment given.
- 71.Institution-fee.
- 72.Fees for processes.
- 73.Repayment of half-fees on settlement before hearing.
- 74.Fees and costs of poor persons.
- 75.Power to vary fees.
- 76.Expense of employing legal practitioners.
- 77.Sections 3, 5 and 25 of Court-fees Act, 1870, saved.
- 78.[Repealed.].
- 79.Default of bailiff or other officer in execution of order or warrant.
- 80.Extortion or default of officers.
- 81.Court empowered to summon witnesses, etc.
- 82.Enforcement of order.
- 83.[Repealed.].
- 84.[Repealed.].
- 85.[Repealed.].
- 86.[Repealed.].
- 87.Imprisonment or committal of person refusing to answer or produce document.
- 88.Appeal from orders under section 87.
- 89.Persons by whom process may be served.
- 90.Registers and returns.
- 91.Court to furnish records, etc., called for by State Government or High Court.
- 92.Holidays and vacations.
- 93.Certain persons exempt from arrest by Court.
- 94.No suit to lie upon decree of Court.
- 95.Place of imprisonment.
- 96.Tender in suit for anything done under Act.
- 97.Limitation of prosecutions.
- SCH-THE FIRST SCHEDULE.—[Repealed.]..THE FIRST SCHEDULE.—[Repealed.].
- SCH-THE SECOND SCHEDULE. —[Repealed.]..THE SECOND SCHEDULE. —[Repealed.].
- SCH-THE THIRD SCHEDULE.THE THIRD SCHEDULE
- SCH-THE FOURTH SCHEDULE.THE FOURTH SCHEDULE