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The Civil Courts Act, 1887

( ACT NO. XII OF 1887 )

[ 11th March 1887 ]

Chapter IV

SPECIAL JURISDICTION

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 1[Joint District] Judge or 2[Senior Assistant Judge or Assistant Judge] to take cognizance of, or any District Judge to transfer to a 3[Joint District] Judge or 4[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(b)-(c) [Repealed by the Guardians and Wards Act, 1890 (Act VIII of 1890).]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
 
 
5[* * *]. (3) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to, a 6[Joint District] Judge or 7[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.
  • 1
    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).
  • 2
    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).
  • 3
    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).
  • 4
    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).
  • 5
    Sub-clause (e) was omitted by section 6(2) of the Bengal, Agra and Assam Civil Courts (Bengal Amendment) Act, 1935.
  • 6
    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).
  • 7
    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).
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