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Himachal pradesh act 016 of 1984 : Himachal Pradesh Courts (Amendment) Act, 1984

Preamble

Himachal Pradesh Courts (Amendment) Act, 1984*

[Himachal Pradesh Act No. 16 of 1984]1[11th July, 1984]

An Act to enhance the pecuniary jurisdiction of the subordinate courts in the State of Himachal Pradesh and further to amend the Himachal Pradesh Courts Act, 1976 (23 of 1376).

Be it enacted by the Legislative Assembly of the Himachal Pradesh in the Thirty-fifth Year of the Republic of India, as follows:-

1. For Statement of Objects and Reasons see R.H.P. Extra., dated 15.3.1984, p. 472.

* Received the assent of the President of India on the 11th July, 1984 and was published in R.H.P. Extra. Dated the 25th July, 1984 at page 1147

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Courts (Amendment) Act, 1984.

(2) It shall come into force at once.

Section 2. Amendment of section 10

2. Amendment of section 10.- In section 10 of the Himachal Pradesh Courts Act, 1976 (Act No. 23 of 1976), thereinafter called the principal Act for the words "fifty thousand rupees", the words "two lakh rupees" shall be substituted.

Section 3. Amendment of section 21

3. Amendment of section 21.- For the words "twenty-five thousand rupees" occurring in clause (a) of sub-section (1) of section 21 of the principal Act, the words "fifty thousand rupees" shall be substituted.

Section 4. Amendment of section 21-A

4. Amendment of section 21-A.- The existing section 21-A of the principal Act shall be remembered as sub-section (1) and thereafter the following new sub-section (2) shall be inserted, namely:-

"(2) The Chief Justice of the High Court of Himachal Pradesh may transfer any appeal, suit or other proceedings which is or are pending before the High Court of Himachal Pradesh immediately before the commencement of the Himachal Pradesh Courts (Amendment) Act, 1984 to such a subordinate court in the State of Himachal Pradesh which would have jurisdiction to entertain such appeal, suit or proceedings, had such appeal, suit or proceedings been instituted or filed for the first time after such commencement."

Section 5. Insertion of section 27-A

5. Insertion of section 27-A.- After existing section 27 of the principal Act, the following new section 27-A, alongwith its heading, shall be Inserted, namely:-

"27-A. Certain provisions to over-ride other laws.- The amendments made in this Act by the Himachal Pradesh Courts (Amendment) Act, 1984 shall have effect notwithstanding anything inconsistent therewith contained in sub-section (3) of section 17 of the Delhi High Court Act, 1966 (26 of 1966) and in section 23 of the State of Himachal Pradesh Act, 1970 (Act No. 53 of 1970)."