Print View

The Civil Courts Act, 1887

( ACT NO. XII OF 1887 )

[ 11th March 1887 ]

Chapter IV

SPECIAL JURISDICTION

1[Power of District Judge to transfer appeals]
22.(1) A District Judge may transfer to any 2[Joint District] Judge under his administrative control any appeals 22.(1) A District Judge may transfer to any 3[Joint District] Judge under his administrative control any appeals pending before him from the decrees or orders of [Senior Assistant Judges or Assistant Judges].(2) The District Judge may withdraw any appeal so transferred, and either hear and depose 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.
Exercise by Joint District Judge or Senior Assistant Judge or Assistant Judge of Jurisdiction of District Court in certain proceedings
23.(1) The High Court Division may, by general or special order, authorise any 4[Joint District] Judge or 5[Senior Assistant Judge or Assistant Judge] to take cognizance of, or any District Judge to transfer to a 6[Joint District] Judge or 7[Senior Assistant Judge or Assistant Judge] under his administrative control, any of the proceedings next hereinafter 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 the Bengal Wills and Intestacy Regulation, 1799;
 
 
(b)-(c) [Repealed by the Guardians and Wards Act, 1890 (Act VIII of 1890).]
 
 
(d) Proceedings under the Succession Act, 1925, which cannot be disposed of by District Delegates; and
 
 
8[* * *]. (3) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to, a 9[Joint District] Judge or 10[Senior Assistant Judge or Assistant Judge], and may either himself dispose of them or transfer them to a Court under his administrative control competent to dispose of them.
Disposal of proceedings referred to in last foregoing section
24. (1) Proceedings taken cognizance of by, or transferred to, a 11[Joint District] Judge or 12[Senior Assistant Judge or Assistant Judge], 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 a 13[Senior Assistant Judge or Assistant Judge] in any such proceeding shall lie to the District Judge.
 
 
(2) An appeal from the order of the District Judge on the Appeal from the order of the 14[Senior Assistant Judge or Assistant Judge] under this section shall lie to the High Court Division if a further appeal from the order of the District Judge is allowed by the law for the time being in force.
Power to invest Joint District Judges and 15[Senior Assistant Judges or Assistant Judges with Small Cause Court jurisdiction]
25. The Government may, by notification in the official Gazette, confer, within such local limits as it thinks fit, upon any 16[Joint District] Judge or 17[Senior Assistant Judge or Assistant Judge] the jurisdiction of a Judge of a Court of Small Causes under the 18[* * *] Small Cause Courts Act, 1887, for the trail of suits, cognizable by such Courts, up to such value not exceeding 19[twenty thousand Taka in the case of a 20[Joint District] Judge or ten thousand Taka in the case of 21[a Senior Assistant Judge or six thousand Taka in the case of an Assistant Judge]] as it thinks fit, and may withdraw any jurisdiction so conferred:
 
 
Provided that the Government may, by notification in the official Gazette, delegate to the High Court Division its powers under this section.
Reference of Judges in other laws
22[25A. Where in any other law for the time being inforce any reference is made to Additional Judge, or Subordinate Judge, or Assistant Judge, the reference shall be construed respectively as to Additional District Judge, or Joint District Judge, or Senior Assistant Judge or Assistant Judge as the case may be.]
[Omitted]
26-35. [Omitted by the 1st Schedule of the Government of India (Adaptation of Indian Laws) Order, 1937.]
  • 1
    The marginal heading was substituted, for marginal heading by section 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)
  • 2
    The words “Joint District” were substituted, for the word “Subordinate” by sections 12 and 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 3
    The words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 13 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 4
    The words “Joint District” were substituted, for the word “Subordinate” by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 5
    The words “Senior Assistant Judge or Assistant Judge” were substituted for the words “Assistant Judge” by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 6
    The words “Joint District” were substituted, for the word “Subordinate” by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 7
    The words “Senior Assistant Judge or Assistant Judge” were substituted for the words “Assistant Judge” by section 14 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 8
    Sub-clause (e) was omitted by section 6(2) of the Bengal, Agra and Assam Civil Courts (Bengal Amendment) Act, 1935.
  • 9
    The words “Joint District” were substituted, for the word “Subordinate” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 10
    The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 11
    The words “Joint District” were substituted, for the word “Subordinate” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 12
    The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 13
    The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 14
    The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 15
    In the marginal heading the words “Senior Assistant Judges or Assistant Judges” were substituted, for the words “Assistant Judges” by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)
  • 16
    The words “Joint District” were substituted, for the word “Subordinate” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 17
    The words “Senior Assistant Judge or Assistant Judge” were substituted, for the words “Assistant Judge” by sections 14, 15 and 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 18
    The word “Provincial” was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
  • 19
    The words, brackets and figures “twenty thousand Taka in the case of a Subordinate Judge or ten thousand Taka in the case of an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or six thousand Taka in the case of any other Assistant Judge” were substituted, for the words, brackets and figure “ten thousand Taka in the case of a Subordinate Judge or five thousand Taka in the case of an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or three thousand Taka in the case of any other Assistant Judge” by section 4 of the Civil Courts (Amendment) Act, 1990 (Act No. XLVIII of 1990).
  • 20
    The words “Joint District” were substituted, for the word “Subordinate” by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 21
    The words “a Senior Assistant Judge or six thousand Taka in the case of an Assistant Judge” were substituted, for the words “an Assistant Judge whose jurisdiction has been extended under sub-section (2) of section 19 or six thousand Taka in the case of any other Assistant Judge” by section 16 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001).
  • 22
    Section 25A was inserted by section 17 of the Civil Courts (Amendment) Act, 2001 (Act No. XLIX of 2001)
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs