Act 035 of 2003 : Delhi High Court (Amendment) Act, 2003

Preamble

Delhi High Court (Amendment) Act, 20031

[Act 35 of 2003][25th May, 2003]

[Repealed by Act 19 of 2015*]

An Act further to amend the Delhi High Court Act, 1966

Be it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:-

1 Received the assent of the President on 25-5-2003 and published in the Gazette of India, Extra., Part II, Section 1, pp. 1-2.

* Ed.: Act 35 of 2003 repealed by Act 19 of 2015, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2015:

"4. Savings.- The repeal by this Act of any enactment shall not affect any Act in which such enactment has been applied, incorporated or referred to;

and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;

nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed;

nor shall the repeal by this Act of any enactment provide or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force."

SOR Statement of Objects and Reasons

Prefatory Note-Statement of Objects and Reasons.-Under Section 5(2) of the Delhi High Court Act, 1966, the High Court of Delhi has ordinary original civil jurisdiction in every suit the value of which exceeds Rupees Five lakhs. It is felt that the aforesaid limit should be enhanced to overcome the problem of arrears in the High Courts. The High Court of Delhi had considered the matter and resolved that the ordinary original civil jurisdiction of the Hon'ble High Court be enhanced from the existing Rupees Five lakhs to Rupees Twenty lakhs. It has also resolved that the pecuniary appellate jurisdiction of the Court of District Judge be raised to Rupees Three lakhs while the suits, value of which does not exceed Rupees Three lakhs, be tried by the Courts of Civil Judges. It has, therefore, become necessary to make appropriate amendments in sub-section (2) of Section 5 of the Delhi High Court Act, 1966, and Sections 25 and 39 of the Punjab Courts Act, 1918, as in force in the National Capital Territory of Delhi.

2. The Bill seeks to achieve the aforesaid objects.

Section 1. Short title and commencement

1. Short title and commencement.-(1) This Act may be called the Delhi High Court (Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Section 2. Amendment of Act 26 of 1966

2. Amendment of Act 26 of 1966.-In sub-section (2) of Section 5 of the Delhi High Court Act, 1966, for the words "Rupees Five lakhs", the words "Rupees Twenty lakhs" shall be substituted.

Section 3. Amendment of Punjab Act 6 of 1918, as in force in National Capital Territory of Delhi

3. Amendment of Punjab Act 6 of 1918, as in force in National Capital Territory of Delhi.-In the Punjab Courts Act, 1918, as in force in the National Capital Territory of Delhi,-

(i) in Section 25, for the words "Rupees Five lakhs", the words "Rupees Twenty lakhs" shall be substituted;

(ii) in clause (a) of sub-section (1) of Section 39,-

(a) in sub-clause (iii), for the word "and" occurring at the end, the word "or" shall be substituted;

(b) after sub-clause (iii), the following sub-clause shall be inserted, namely:-

"(iv) where the decree or order is made after the commencement of the Delhi High Court (Amendment) Act, 2003 and the value of the original suit in which the decree or order is made does not exceed Rupees Three lakhs; and".

Section 4. Power of Chief Justice to transfer pending suits and proceedings to subordinate courts

4. Power of Chief Justice to transfer pending suits and proceedings to subordinate courts.-The Chief Justice of the High Court of Delhi may transfer any suit or other proceedings which is or are pending in the High Court immediately before the commencement of this Act to such subordinate court in the National Capital Territory of Delhi as would have jurisdiction to entertain such suit or proceedings had such suit or proceedings been instituted or filed for the first time after such commencement.

SECTIONS