Bombay act 011 of 1959 : Presidency Small Cause Courts (Bombay Amendment) Act, 1959

Preamble

Presidency Small Cause Courts (Bombay Amendment) Act, 19591

[Bombay Act No. 11 of 1959][14th March, 1959]

An Act to amend the Presidency Small Cause Courts Act, 1882, in its application to the State of Bombay.

Whereas it is expedient to amend the Presidency Small Cause Courts Act, 1882 (XV of 1882), in its application to the State of Bombay, for the purposes hereinafter appearing; It is hereby enacted in the Tenth Year of the Republic of India as follows:-

1 For Statement of Objects and Reasons, see Bombay Government Gazette 1958, Part V, p. 856.

Section 1. Short title

1. Short title.- This Act may be called the Presidency Small Cause Courts (Bombay Amendment) Act, 1959.

Section 2. Amendment of Act XV of 1882

2. Amendment of Act XV of 1882.- In the Presidency Small Cause Courts Act, 1882 (XV of 1882), in its application to the State of Bombay-

(a) in Section 60,

(i) the first sentence shall be numbered as sub-section (1) and in that sub-section so numbered, for the words "five days" the words "fifteen days" shall be substituted; and to that sub-section the following proviso shall be added, namely:-

"Provided that where the Judge is satisfied that there is sufficient cause for extending the period within which an application may be made under this sub-section, he may extend the period to such extent as he may consider necessary"; and

(ii) the second sentence shall be numbered as sub-section (2);

(b) in Section 64, for the words "at the expiration of five days from a seizure of property, under this Chapter," the following words, brackets and figures shall be substituted, namely:-

"at the expiration of fifteen days from a seizure of property under this Chapter, or, as the case may be, of the extended period under the proviso to sub-section (1) of Section 60,";

(c) in the Third Schedule, in Form C, for the words "five days" the words "fifteen days" shall be substituted.