(1) This Act may be called the Bengal, 1[Agra] and Assam Civil Courts Act, 1887.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 25-10-1972 | The Bengal, Agra & Assam Civil Court Act, 1887 | |||
| 11-11-1972 | The Bengal, Agra & Assam Civil Court Act, 1887 |
1 * * * * *
There shall be the following classes of Civil Courts under this Act, namely:
1 [4. Number of District Judges, Subordinate Judges and Munsifs.—The State Government may alter the number of District Judges, Subordinate Judges and Munsifs now fixed.]
[Number of Munsifs.] Rep. by the Decentralization Act, 1914 (4 of 1914), s. 2 and the Schedule, Part I.
(1) Whenever the office of District Judge or Subordinate Judge is vacant by reason of the death, resignation or removal of the Judge or other cause, or whenever 1[an increase in the number of District or Subordinate Judges has been made under the provisions of section 4], the 2[State Government or, as the case may be, the High Court] may fill up the vacancy or appoint the additional District Judges or Subordinate Judges 3***.
[Vacancies among Munsifs.] Rep.by the A. O. 1937.
(1) When the business pending before any District Judge requires the aid of Additional Judges for its speedy disposal, the State Government may, 1[having consulted] the High Court 2***, appoint such Additional Judges as may be requisite.
Subject to the superintendence of the High Court, the District Judge shall have administrative control over all the Civil Courts under this Act within the local limits of his jurisdiction.
(1) In the event of the death, resignation or removal of the District Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the Additional Judge, or, if an Additional Judge is not present at that place, the senior Subordinate Judge present thereat, shall, without relinquishing his ordinary duties, assume charge of the office of the District Judge, and that continue in charge thereof until the office is resumed by the District Judge or assumed by an officer appointed thereto.
(1) In the event of the death, resignation or removal of a Subordinate Judge, or of his being incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at which his Court is held, the District Judge may transfer all or any of the proceedings pending in the Court of the Subordinate Judge either to his own Court or to any Court under his administrative control competent to dispose of them.
[Temporary charge of office of Munsif.] Rep. by the A.O. 1937.
(1) The State Government may, by notification in the Official Gazette, fix and alter the local limits of the jurisdiction of any Civil Court under this Act.
(1) The State Government may, by notification in the Official Gazette, fix and alter the place or places at which any Civil Court under this Act is to be held.
(1) Subject to such orders as may be made 1*** 2[*** by the State Government 3*** ] the High Court shall prepare a list of days to be observed in each year as close holidays in the Civil Courts.
Every Civil Court under this Act shall use a seal of such form and dimensions as are prescribed by the State Government.
(1) Where any Civil Court under this Act has from any cause ceased to have jurisdiction with respect to any case, any proceeding in relation to that case which, if that Court had not ceased to have jurisdiction, might have been had therein may be had in the Court to which the business of the former Court has been transferred.
Save as otherwise provided by any enactment for the time being in force, the jurisdiction of a District Judge or Subordinate Judge extends, subject to the provisions of section 15 of the Code of Civil Procedure1 (14 of 1882), to all original suits for the time being cognizable by Civil Courts.
119.Extent of jurisdiction of Munsif.--(1) Save as aforesaid, and subject to the provisions of sub-section (2), the jurisdiction of a Munsif extends to all like suits of which the value does not exceed one thousand rupees.
| Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
|---|---|---|---|---|
| 25-10-1972 | The Bengal, Agra & Assam Civil Court Act, 1887 | |||
| 11-11-1972 | The Bengal, Agra & Assam Civil Court Act, 1887 |
(1) Save as otherwise provided by any enactment for the time being in force, an appeal from a decree or orderof a District Judge or Additional Judge shall lie to the High Court.
(1) Save as aforesaid, an appeal from a decree or order of a Subordinate Judge shall lie--
(1) A District Judge may transfer to any Subordinate Judge under his administrative control any appeals pending before him from the decrees or orders of Munsifs.
123. Exercise by Subordinate Judge or Munsif of jurisdiction of district Court in certain proceedings.--(1) The High Court may, by general or special order, authorize any Subordinate Judge or Munsif to take cognizance of, or any district Judge to transfer to a Subordinate Judge or Munsif under his administrative control, any of the proceedings next hereinafter mentioned or any class of those proceedings specified in the order.
1(1) Proceedings taken cognizance of by, or transferred to, a Subordinate Judge or Munsif, 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:
1[25. Power to invest Subordinate Judges and Munsifs with Small Cause Court Jurisdiction.--The State Government may, by notification in the Official Gazette, confer, within such local limits as it thinks fit, upon any Subordinate Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provinicial Small Cause Courts Act, 1887 (9 of 1887) for the trial of suits, cognizable by such Courts, up to such value not exceeding five hundred2 rupees in the case of a Subordinate Judge or 3[two hundred and fifty4 rupees] in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred:
[Suspension or removal of Judges by Local Government.] Rep., ibid.
[Suspension of Subordinate Judge by High Court.] Rep., ibid.
[Suspension or removal of Munsif by High Court.] Rep., ibid.
[Suspension of Munsif by District Judge. Rep., ibid.
[Appointment and removal of ministerial officers of District Courts..] Rep., ibid.
[Appointment and removal of ministerial officers of other Courts.] Rep., ibid.
[Appointment and removal of ministerial officers on joint establishments.] Rep., ibid.
[General powers of District Judge.] Rep., ibid.
[Transfer of ministerial officers.] Rep., ibid.
[Recovery of fines.] Rep., ibid
(1) The State Government may invest with the powers of any Civil Court under this Act, by name or in virtue of office,"
1(1) Where in any suit or other proceeding it is necessary for a Civil Court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution, the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law in cases where the parties arc Hindus, shall form the rule of decision except in so far as such law has, by legislative enactment, been altered or abolished.
(1) The presiding officer of a Civil Court shall not try any spit or other proceeding to which he is a party or in which he is personally interested.
For the purposes of the last foregoing section the presiding officer of a Court subject to the administrative control of the District Judge shall be deemed to be immediately subordinate to the Court of the District Judge, and, for the purposes of the Code of Civil Procedure (14 of 1882), the Court of such an officer shall be deemed to be of a grade inferior to that of the Court of the District Judge.
(1) This section and sections 15, 32, 37, 38 and 39 apply to Courts of Small Causes constituted under the Provincial Small Cause Courts Act, 1887 (9 of 1887).