The Ahmedabad City Courts Act, 1961
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
GUJARAT ACT No. XIX OF 1961
The Ahmedabad City Courts Act, 1961
( As modified upto 31st May, 2012 )
The Ahmedabad City Courts Act, 1961
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THE AHMEDABAD CITY COURTS ACT, 1961
CONTENTS.
PREAMBLE.
SECTIONS. Page No.
CHAPTER I.
PRELIMINARY.
1. Short title and commencement.
2. Definitions.
CHAPTER II.
CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF
AHMEDABAD.
3. Constitution of City Court.
4. Subordination to and superintendence by High Court.
5. Appointment of Judges.
6. Powers of Judges when City Court consists of more than one Judge.
6A. Arrangement as to holding charge of office of Principal Judge during
vacancy.
7. Registrar.
8. Questions arising in suits, etc. under Act to be dealt with according to law
administered by District Court.
9. Appeals and limitation.
10. Seal of City Court.
11. Holidays and vacation.
12. Construction of references to District Court and District Judge in law s
operating in City of Ahmedabad.
CHAPTER III. [ Deleted.]
13. [ Deleted.]
14. [ Deleted.]
15. [ Deleted.]
16. [ Deleted.]
CHAPTER IV.
THE COURT OF SMALL CAUSES FOR THE CITY OF AHMEDABAD.
17. Act No. XV of 1882 to come into force in the City of Ahmedabad.
18. Amendment of Act No. XV of 1882 and Bom. LVII of 1947.
CHAPTER V.
MISCELLANEOUS.
19. Enactments not to be in force in the City of Ahmedabad.
20. Special provisions for transfer of pending proceedings.
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SECTIONS. Page No.
21. Amendment of certain Acts in their application to the City of Ahmedabad.
22. Construction of reference to City of Ahmedabad in Acts.
23. Special provisions for transfer or continuance of pending proceedings on
inclusion of area.
24. Special provision for tra nsfer or continuance of pending proceedings on
exclusion of area.
25. Removal of doubt.
SCHEDULE
The Ahmedabad City Courts Act, 1961
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GUJARAT ACT NO. XIX OF 19611
[THE AHMEDABAD CITY COURTS ACT, 1961.]
[15th May 1961.]
Amended by Guj. 32 of 1961.
Amended by Guj. 51 of 1963.
Amended by Guj. 21 of 1964.
Amended by Guj. 31 of 1973.
Amended by Guj. 33 of 1980.
An Act to provide for the constitution of Civil and Criminal
Courts for the City of Ahmedabad and for other
matters connected therewith.
It is hereby enacted in the Twelfth Year of the Republic of India as
follows:—
CHAPTER I.
PRELIMINARY.
1. (1) This Act may be called the Ahmedabad City Courts Act, 1961.
(2) This section shall come into force at once and the remaining provisions of
this Act shall come into force on such day as the State Government may by
notification in the Official Gazette appoint.
2. In this Act, unless the context otherwise requires—
2[(1A) "Amending Act" means the Ahmedabad City Courts (Amendment)
Act, 1980;]
(1) " appointed day" means the day on which the remaining provisions of this
Act come into force under sub- section (2) of section 1;
3[(2) "City of Ah medabad" means the areas within the limits of the City of
Ahmedabad as constituted under the Corporations Act, immediately before
the specified date :
Provided that as and when the limits of the City of Ahmedabad as
constituted under the Corporations Act, are altered under sub -section (2) of
section 3 of that Act, by the inclusion therein, or exclusion therefrom, of any
area, the State Government may, by a notification in the Official Gazette, alter
the limits of the City of Ahmedabad as defined in this cl ause by including
therein, or excluding therefrom, with effect on and from such date as may be
specified in such notification, any such area as is so included in, or excluded
from, the limits of the City of Ahmedabad as constituted under the
Corporations Act;]
(3) "City Court" means the Court established under section 3;
4[(4) "Corporations Act" means the Bombay Provincial Municipal
Corporations Act, 1949;]
(5) “High Court" means the High Court of Gujarat;
(6) "Small Cause Court" means the Court of Small Causes of Ahmedabad;
5[(7) "Specified date" means the date of the coming into force of the
Amending Act.]
CHAPTER II.
CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF
AHMEDABAD
3. The State Government may, by notification in the Official Gazette, establish for the
Short title and
commencement.
Definitions,
Guj. 33 of 1980
Bom. LIX of 1949.
Constitution of
City Court.
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City of Ahmedabad a Court, to be called the Ahmedabad City Civil Court. Not -
withstanding anything contained in any law, such Court shall have jurisdiction to
receive, try and dispose of all suits and other proceedings of a civil nature and arising
within the City of Ahmedabad, except suits or proceedings which are cognizable by
the High Court and Small Cause Court.
4. The City Court shall be deemed to be a Court subordinate to and subject to the
superintendence of the High Court within the meaning of the Code of Civil
Procedure, 1908.
5. The State Government may, by notification in the Official Gazette, appoint as
many persons as it thinks fit to be Judges of the City Court.
6. When the City Court consists of more than one Judge -
(a) each of the Judges may exercise all or any of the powers conferred on the
Court by this Act or any other law for the time being in force;
(b) the State Government may appoint any one of the Judges to be the
Principal Judge;
(c) the Principal Judge may from time to time make arrangements as he may
think fit for the distribution of the business of the Court among the various
Judges thereof.
6[6A. (1) In the event of the office of the Principal Judge falling or remaining
vacant from any cause or in the event of his being prevented from performing
his duties due to illness or other cause, the first in rank of the other Judges of
the City Court shall, without interrup tion to his own duties, assume charge of
the office of the Principal Judge and while so in charge shall perform all the
duties and exercise all the powers of the Principal Judge under this Act or any
ether law for the time being in force.
(2) The Judge so assuming charge shall continue in such charge until the
office of the Principal Judge may be resumed or assumed by an officer duly
appointed thereto.]
7. (1) The State Government may appoint an officer to be the Registrar of the
City Court. He shall be the chief ministerial officer of the Court; and shall
exercise such powers, discharge such duties of a ministerial nature as the
Judge of the City Court, or when the Court consists of more than one Judge,
the Principal Judge may, from time to time, by rules, direct.
(2) The State Government may, with the previous approval of the High Court,
invest the Registrar with any powers of the Judge of the City Court other than
powers of trying suits and proceedings.
8. Save as otherwise 7[ provided in this Act and subject to such rules as the High
Court may make for the City Court under article 227 of the Constitution or section
122 of the Code of Civil Procedure, 1908 ] all questions which arise in suits or other
proceedings under this Act in the City Court shall be dealt with and determined
according to the law for the time being administered by a District Court.
9. (1) An appeal shall lie to the High Court from—
(a) every decree passed by any Judge of the City Court, and
(b) such orders passed by such Judge as are specified in, and to the
extent provided by section 104 of the Code of Civil Procedure, 1908.
(2) The period of limitation for an appeal from a decree or order of the City
Court shall be thirty days from the date of such decree or order and the
provisions of the Indian Limitation Act, 1908, shall apply as if the said period
had been specified by an entry in the first schedule to that Act.
Subordination to and
superintendence by
High Court.
V of 1908.
Appointment of
Judges.
Powers of Judges
when City Court
consists of more than
one Judge.
Arrangement as to
holding charge of
office of Principal
Judge during vacancy.
Registrar.
V of 1908. Questions arising in
suits, etc. under Act to
be dealt with according
to law administered by
District Court.
Appeals and
limitation.
V of 1908.
IX of 1908.
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(3) Nothing in the foregoing provisions of this section shall apply to a decree
or order passed by the City Court in an appeal or revision application under
section 20.
10. The City Court shall use a seal of such form and dimensions as may be for the
time being prescribed by the State Government.
11. (1) The Judge of the City Court or when the Court consists of more than one
Judge the Principal Judge, shall, at the commencement of each year, draw up
a list of holidays and vacations to be observed in the Court, and shall submit
the same for approval of the High Court.
(2) Such list, when it has received such approval, shall be published in the
Official Gazette, and the said holidays and vacation shall be observed
accordingly.
8[(3) The Judge specified in sub -section (1) may, with the approval of the
High Court, make any change in the days to be so observed as holidays or
vacation, if at any time after the publication of such list, circumstances render
it necessary for him to do so and such change shall be published in the
Official Gazette]
12. Except where the context otherwise requires, any reference to a principal Civil
Court of original Jurisdiction, District Court or a District Judge in any law for the
time being in force, relating to any matters specified in List II or List III of the
Seventh Schedule to the Constitution shall in the case of the operation of that law
within the limits of the City of Ahmedabad, be construed as a reference to the
Ahmedabad City Civil Court 9[or the Judge of that Court, or when that Court consists
of more t han one Judge the Principal Judge of that Court, as the case may be,] and
such law shall have effect accordingly
CHAPTER III.
CRIMINAL COURTS FOR THE CITY OF AHMEDABAD.
13. Sessions Division for City of Ahmedabad.
14. Appointment of Magistrates in City of Ahmedabad.
14A. Arrangement as to holding charge of office of the Chief Magistrate during
vacancy.
15. Construction of certain expressions in Criminal Procedure Code.
16. [Construction of laws] Deleted by Guj. 33 of 1980, S. 3.
CHAPTER IV.
THE COURT OF SMALL CAUSES FOR THE CITY OF AHMEDABAD.
17. The Presidency Small Cause Courts Act, 1882 shall extend to and come into force
in the City of Ahmedabad on and from the appointed day.
10[Provided that-
(a) with effect on and from the specified date, it shall also extend to and come
into force in those areas of the City of Ahmedabad as constituted under the
Corporations Act, which were included in the said City under the said Act,
after the appointed day, but before the specified date.
(b) with effect on and from the date of inclusion in, or exclusion from, the
City of Ahmedabad as defined in clause (2) of section 2, of any area, by a
notification issued under the proviso to that clause, it shall also extend to and
come into force in the area so included in the said City, or, as the case may
be, cease to and be in force in the extend area so excluded from the said City,
by such notification :
Seal of City Court.
Holidays and
vacation.
Construction of
references to District
Court and District
Judge in laws
operating in City of
Ahmedabad.
XV of 1882. Act No. XV of
1882 to come into
force in the City of
Ahmedabad.
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Provided further that the provisions of the Bombay General Clauses
Act, 1904 shall, save as otherwise expressly provided in this Act, apply to
such cesser in any area as aforesaid as if it were a repeal of an enactment.]
18. The Presidency Small Cause Courts Act, 1882, and the Bombay Rents, Hotel and
Lodging House Rates Control Act, 1947, shall in their application to the City of
Ahmedabad stand amended in the manner and to the extent specified in the Schedule.
CHAPTER V.
MISCELLANEOUS.
19. With effect on and from the appointed day the Bombay Civil Courts Act, 1869,
and the Provincial Small Caus e Courts Act, 1887, and all rules, notifications and
orders made thereunder shall cease to apply to, or be in force in the City of
Ahmedabad, and the provisions of the Bombay General Clauses Act, 1904, shall,
save as otherwise expressly provided in this Ac t, apply to such cesser as if it were a
repeal of an enactment:
11[Provided that the said Bombay Civil Courts Act, 1869 and the Provincial
Small Cause Courts Act, 1887 and all rules, notifications and orders made thereunder
shall—
(a) with effect on and from the specified date cease to apply to or be in force
in those areas of the City of Ahmedabad as constituted under the
Corporations Act which were included therein under the said Act, after the
appointed day, but before the specified date;
(b) with effect on and from the date of inclusion in, or exclusion from, the
City of Ahmedabad as defined in clause (2) of section 2 of any area by
notification issued under the proviso to that clause, cease to apply to or be in
force in the areas so included in the said City, or apply to or be in force in the
areas so excluded from the said City, by such notification :
Provided further that the provisions of the Bombay General Clauses
Act, 1904, shall save as otherwise exp ressly provided in this Act, apply to
such cesser in any area as aforesaid as if it were a repeal of an enactment ]
20. (1) All suits and proceedings cognizable by the City Court and pending
immediately before the appointed day in the District Court or the Court of a
Civil Judge shall stand transferred to the City Court.
(2) All suits and proceedings pending immediately before the appointed day
in the Court of Small Causes, Ahmedabad, constituted under the Provincial
Small Cause Courts Act, 1887, shall-
(i) if they are cognizable by the Court of Small Causes of
Ahmedabad constituted under the Presidency Small Cause Courts
Act, 1882, stand transferred to that court and
(ii) if not so cognizable be transferred to the court competent to take
cognizance of such suits or proceedings.
(3) All criminal proceedings cognizable by the Court of Session for the City
of Ahmedabad and pending in the Court of Session at Ahmedabad as
constituted immediately before the appointed day shall stand transferred to
the Court of Session for the City of Ahmedabad.
(4) All criminal p roceedings pending before any Magistrate and cognizable
by a Magistrate appointed under section 14 shall stand transferred to the
Chief Magistrate appointed under that section.
(5) An appeal or revision application against any judgement, decision, decree
or order passed before the appointed day by a Court in the exercise of
jurisdiction over the area within the limits of the City of Ahmedabad,—
Bom. I of 1904.
Amendment
of Act No.
XV of 1882
and Bom.
LVII of 1947.
XV of 1882.
Bom. LVII of
1947.
XIV of
1869. IX of
1887. Bom.
I of 1904.
Enactments not
to be in force in
the City of
Ahmedabad.
XIV of 1869.
IX of 1887.
Bom. I of 1904.
Special provisions
for transfer of
pending
proceedings.
IX of 1 887.
XV of 1882.
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(i) if it was pending immediately before the appointed day in a
competent Court, shall stand transferred to the Court corresponding to
the competent Court, and
(ii) if before the appointed day it has not been preferred within the
period of limitation to a competent Court, shall lie within that period
to the Court corresponding to the competent Court.
(6) A proceed ing, appeal or revision application transferred to any Court
under the foregoing provisions of this section shall be disposed of by such
Court as if it were the Court from which such proceeding, appeal or revision
application was so transferred.
(7) All a pplications for the execution or enforcement of a decree or order
made before the appointed day by any court which has been superseded or
has ceased to exist by virtue of the provisions of this Act, and all other
applications arising out of the said decree or order shall be made to and
disposed of by the City Court.
Explanation. - For the purpose of sub -section (5), "competent Court"
means the District Court, the Court of Civil Judge or the Court of Session at
Ahmedabad functioning before the appointed day and the City Court shall be
a Court corresponding to the said District Court or the Court of Civil Judge
and the Court of Session for the City of Ahmedabad shall be a Court
corresponding to the said Court of Session at Ahmedabad.
12[21. The Bombay Pleaders Act, 1920, 13* * * * * and the Code of Civil Procedure,
1908, shall in their application to the City of Ahmedabad stand amended in the
manner and to the extent specified in the Schedule.]
14[22. Except where the context otherwise requires, any reference to the City of
Ahmedabad in any law for the time being in force other than the Corporations Act
shall, in so far as such law relates to the jurisdiction, powers and procedure of civil
courts within the limits of the City of Ahmedabad, be deemed to be a reference to the
City of Ahmedabad as defined in clause (2) of section 2.
23. (1) All suits and procee dings (other than appeals or revision applications)
cognizable by the City Court which may be pending immediately before the
specified date or as the case may be, the date of inclusion in the City of
Ahmedabad, of any area by a notification under the provi so to clause (2) of
section 2 (hereinafter in this section referred to as "the date of inclusion") in a
District Court or the court of a Civil Judge shall stand transferred to the City
Court.
(2) All suits and proceedings cognizable by the Small Cause Cou rt which
may be pending immediately before the specified date or, as the case may be,
the date of inclusion, in the Court of a Civil Judge shall stand transferred to
the Small Cause Court.
(3) An appeal or revision application against any judgment, decisi on, decree
or order passed before the specified date or as the case may be, the date of
inclusion by a Civil Court in the exercise of jurisdiction over any area within
the limits of the City of Ahmedabad as defined in clause (2) of section 2 as
amended by the Amending Act shall-
(i) if it was pending immediately before the specified date or, as the
case may be, the date of inclusion in any District Court or Court of
any Civil Judge other than City Court, stand transferred to the City
Court, and
(ii) if be fore the specified date or, as the case may be, the date of
inclusion it has not been preferred within the period of limitation to a
competent Court, lie within that period to the City Court.
(4) A proceeding, appeal or revision application transferred to any court
Amendment of
certain Acts in their
application to the
City of Ahmedabad.
Bom. XVII of
1920. V of
1908.
Construction of
reference to City of
Ahmedabad in
Acts.
Special provisions
for transfer or
continuance of
pending
proceedings on
inclusion of area.
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under the foregoing provisions of this section shall be disposed of by such
Court as if it were the Court from which such proceeding, appeal or revision
application was so transferred.
24. (1) All suits and proceedings of a civil nature which may be pending in the
City Court or the Small Cause Court immediately before the date of exclusion
of any area from the City of Ahmedabad as defined in clause ( 2) of section 2
by a notification under the proviso to that clause ( hereinafter in this section
referred to as "the date of exclusion") but which would, after such date of
exclusion, become cognizable by a District Court, a Court of Civil Judge or
the Small Cause Court as a result of the exclusion of such area from the City
of Ahmedabad as so defined shall stand transferred to such District Court or,
such Court of the Civil Judge, or as the case may be, Small Cause Court.
(2) A proceeding, appeal or revision ap plication transferred to any Court
under the foregoing provisions of this section shall be disposed of by such
Court, as if it were the court from which such proceeding, or appeal or
revision application was so transferred.
25. For the removal of doubts it is hereby declared that the Court established for the
City of Ahmedabad under section 3 shall be deemed to be a Court established for the
City of Ahmedabad as defined in clause (2) of section 2 as amended by the
Amending Act and that t he Judges of the said Court, appointed as such Judges and
holding office as such immediately before the specified date shall be deemed to have
been appointed for the City of Ahmedabad so defined.]
SCHEDULE
(15[See sections 18 and 21])
AMENDMENTS TO THE PRESIDENCY SMALL CAUSE COURTS ACT,
1882, IN ITS APPLICATION TO THE CITY OF AHMEDABAD.
16[1. After section 1, the following section shall be inserted, namely :—
"1A. This Act shall ex tend to, and come into force in the City of Ahmedabad
on the date on which the Ahmedabad City Courts Act, 1961 comes into force:
Provided that—
(a) with effect on and from the date of the commencement of the
Ahmedabad City Courts (Amendment) Act, 1980 it shall also extend
to and come into force in those areas of the City of Ahmedabad as
constituted under the Bombay Provincial Municipal Corporatio ns Act
1949 which were included in the said City under the latter Act after
the appointed day, but before the date of the commencement of the
former Act,
(b) with effect on and from the date of inclusion of or exclusion
from, the City o f Ahmedabad as defined in clause (2) of section 2 of
the Ahmedabad City Courts Act, 1961 of any area by a notification
issued under that clause, it shall also extend to and come into force in
the area included in the said City, or as the case may be, cease to
extend to and be in force in the area excluded from the said City by
such notification :
Provided further that the provisions of the Bombay General
Clauses Act, 1904 shall, save as otherwise expressly provided in the
Ahmedabad City Courts Act, 1961, apply to such cesser in any area as
aforesaid as if it were repeal of an enactment.]
2. In section 4-
(1) after the words "as the case may be" the words "or in the City of
Ahmedabad" shall be inserted, and
Special provision
for transfer or
continuance of
pending
proceedings on
exclusion of area.
Removal of doubt.
Guj. XIX of
1961.
Extent and
commencement in the
City of Ahmedabad.
Guj. 33 of 1980.
Bom. LIX of
1949.
Guj. XIX of 1961.
Bom.I of 1904.
Guj. XIX of 1961.
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17 * * * * * * * * *
3. Section 5 shall be renumbered as sub -section (1) of that section and after
sub-section (1) so renumbered, the following sub -section shall be inserted,
namely:-
"(2) In the City of Ahmedabad there shall be a Court to be called the
Court of Small Causes of Ahmedabad."
4. Section 6 shall be renumbered as sub -section (1) of that section and after
sub-section (1) so renumbered the following sub -section shall be inserted,
namely:-
"(2) The Court of Small Causes of Ahmedabad shall be deemed to be
a court subject to the superintendence of the High Court of Gujarat and to be
a Court subordinate to that High Court within the meaning of section 6 of the
Legal Practitioners Act, 1879, and that High Court shall have in respect of the
Small Cause Court of Ahmedabad the same powers as it has in respect of the
courts subject to its appellate jurisdiction.".
5. In section 16 for the words "High Court" the words "Ahmedabad City Civil
Court" shall be substituted.
6. Section 17 shall be renumbered as sub-section (1) of that section and in that
section-
(i) in sub-section (1) so renumbered, for the words "The local limits"
where they occur for the first time, the words, brackets and figure
"Save as otherwise provided in sub -section (2), the local l imits" shall
be substituted;
(ii) after sub -section (1), the following sub --section shall be inserted,
namely:—
"(2) The local limits of the jurisdiction of the Court of Small
Causes of Ahmedabad shall be the local limits of the City of
Ahmedabad".
7. In section 21,-
(a) the words "and all suits whereof the amount of the value of the
subject-matter exceeds one thousand rupees" shall be deleted, and
(b) for the words "High Court" the words "Ahmedabad City Civil
Court" shall be substituted.
8. For section 22 the following shall be substituted, namely:—
"22. In any suit instituted in the Ahmedabad City Civil Court, other
than a suit to which secti on 21 applies, if the Judge, who tries it is of the
opinion that it ought to have been instituted in the Small Cause Court then —
(a) if the Plaintiff does not obtain a decree, the Defendant shall be
entitled to his costs and may also be awarded such addi tional amount
not exceeding one thousand rupees by way of compensation as the
Judge may award; or
(b) if the Plaintiff obtains a decree for any matter of an amount or
value less than two thousand rupees, no costs shall be allowed to the
Plaintiff".
9. In section 31, in clause (a) after the words "or Bombay" the words "or the
Ahmedabad City Civil Court" shall be inserted.
10. Sections 39 and 40 shall be deleted.
18 of 1879.
Costs when Plaintiff
sues in Ahmedabad
City Civil Court in
other cases cognizable
by Small Cause court.
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11. In section 47, for the words "the occupant binds himself" the words "the
occupant, at the earliest opportunity, and in any event before filing any
statement of defence, binds himself" and for the words "High Court" the
words "Ahmedabad City Civil Court" shall be substituted.
12. In section 49, for the words "High Court" the words "Ahmedabad C ity
Civil Court" shall be substituted.
13. In section 50, after the words "and Bombay" the words "and to every
place within the City of Ahmedabad" shall be inserted.
14. In section 60,-
(1) 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.";
(2) the second sentence shall be numbered as sub-section (2).
15. In section 61 for the words " H igh Court " at both the places where they
occur, the words "Ahmedabad City Civil Court" shall be substituted.
16. In section 63 for the words " High Court " wherever they occur, the words
" Ahmedabad City Civil Court "shall be substituted.
17. In section 64,-
(1) for the words " High Court " the words " Ahmedabad City Civil
Court" shall be substituted ;
(2) for the words " at the expiration of five days from the seizure of
property under this chapter " the following words, brackets and
figures shall be substituted, namely :—
"at the expiration of fifteen days from the 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.".
18. Section 73 shall be renumbered as sub -section (1) of that section and in
sub-section (1) so renumbered after the words "have been respectively paid"
the following proviso and sub-section shall be inserted, namely :-
"Provided that no such fees shall be repaid if the amount of institution
fee on th e plaint or application does not exceed five rupees or the claim for
repayment is not made within one year from the date on which the suit or
proceeding was so settled.
(2) The State Government may, from time to time, by order, provide for
repayment to the Plaintiffs or applicants of any part of the fees paid on claims
or applications by them in suits or proceedings, as the case may be, disposed
of under such circumstances and subject to such conditions as may be
specified in the order.".
19. In section 92, for the words "State Government" the words "High Court" shall be
substituted.
20. In section 93, for the words "and West Bengal," the words "West Bengal and
Gujarat" shall be substituted,
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21. In the third Schedule, for the words "four annas per day " the words " such fee not
exceeding seventy five naye Paise per day as may be fixed by the Registrar of the
Small Cause Court " shall be substituted.
AMENDMENTS TO THE BOMBAY RENTS, HOTEL AND LODGING
HOUSE RATES CONTROL ACT, 1947, IN ITS APPLICATION
TO THE CITY OF AHMEDABAD.
1. In section 28, in sub -section (1) before clause (aa) the following clause
shall be inserted, namely :-
"(a) in the City of Ahmedabad, the Court of Small Causes of
Ahmedabad.".
2. In section 29.-
(1) in sub-section (1),—
(a) before clause (b) the following clause shall be inserted,
namely:-
"(a) in the City of Ahmedabad, from a decree or order made
by the Court of Small Causes, Ahmedabad, exercising
jurisdiction under section 28, to a bench of the two judges of
said Court which s hall not include the judge who made such
decree or order,";
(b) in clause ( b) for the words "from a decree" the words
"elsewhere from a decree" shall be substituted;
(c) in the proviso, in clause II,
A. before sub -clause (ii), insert the following sub-
clause, namely :--
"(i) where such suit or proceeding is instituted in the
City of Ahmedabad, two thousand rupees," ; and
B. in sub-clause (ii), for the words "the amount upto"
the words "where such suit or proceeding is instituted
elsewhere the amount upto" shall be substituted.
(2) in sub-section (3), after the words "in any suit or proceeding" the
words "in the City of Ahmedabad the bench of two judges specified
in clause (a) of sub-section {1) and elsewhere" shall be inserted.".
18[ Amendments to the Bombay Pleaders Act, 1920, in its application
to the City of Ahmedabad.
(i) In section 18, after sub -section (1) the following shall be
inserted, namely :—
"(2) Nothing contained in sub -section (1) of this
section or in section 20 shall apply to f ees payable to pleaders
in the Court of Small Causes of Ahmedabad".
(ii) In section 23, for the words "subordinate to the High
Court" the words "other than the Court of Small Causes of
Ahmedabad subordinate to the High Court" shall be
substituted
19 * * * * * * * *
Amendments to the Code of Civil Procedure, 1908, in its
application to the City of Ahmedabad.
The Ahmedabad City Courts Act, 1961
13 of 13
(i) In section 8, after the words "Calcutta, Madras and
Bombay" the words "and in the City of Ahmedabad "
shall be inserted. ].
----------------------------
1 For Statement of Objects and Reasons, see Gujarat Government Gazette Extra-ordinary, Part V,
dated the 8th March 1961, p. 157.
This Act was assented to by the President on 6th May, 1961.
2 Clause (1A) was inserted by Guj. 33 of 1980, s. 2(a).
3 Clause (2) was substituted, by Guj. 33 of 1980, . s. 2(b).
4 Clause (4) was substituted by Guj. 33 of 1980, s. 2(c).
5 Clause (7) was added, by Guj. 33 of 1980, s. 2{d).
6 Section 6A was inserted by Guj .31 of 1973. s. 4.
7 These words and figures were substituted for the words " provided in this Act " by Guj. 32
of 1961, s. 2.
8 Sub-section (3) was added by Guj. 31 of 1973, s. 5.
9 These words were and were deemed always to have been substituted for the words “ or the Judge
of that Court as the case may be” by Guj. 21 of 1964, s. 2.
10 These provisos were added by Guj. 33 of 1980, s. 4.
11 These provisos were added, by Guj. 33 of 1980, s. 5.
12 Section 21 was inserted by Guj. 32 of 1961, s. 3.
13 The words and figures "the Code of Criminal Procedure, by Guj. 33 of 1980, s. 6.
14 Sections 22 to 25 were inserted, by Guj. 33 of 1980, J. 7, 1898" were deteted
15 These words and figures were substituted for the words and Figures “See Section 18” by Guj.
32 of 1961, s. 4 (1).
16 Entry 1 was substituted by Guj. 33 of 1980, s. 8(1) (a).
17 Clause (2) was deleted, by Guj. 33 of 1980, s.8 ( 1 ) (b).
18 These headings and entries thereunder were inserted by Guj. 32 of 1961, s .4 (2).
19 The heading "Amendment to the Code of Criminal Procedure, 1898, in its application to
the city of Ahmedabad" and the entry thereunder were deleted by Guj. 33 of 1980, s.8(2).
Lex