LexThe BENGAL, AGRA AND ASSAM CIVIL COURTS (JHARKHAND AMMENDMENT) ACT, 2018
Jharkhand · state statute
Open in Lexace · Ask the AI about this act THE BENGAL, AGRA AND ASSAM CIVIL COURTS
(JHARKHAND AMMENDMENT) ACT, 2018
(Act 09 of 2019)
CONTENTS
Section
CHAPTER I
Preliminary
1. Title, extent a nd commencement,
2. Savings
CHAPTER II
Constitution of Civil Courts
3. Classes of Courts.
[ 11th June, 2019]
4. Number of P r i n c i p a l District Judges, Civil Judge (Senior
Division) and Civil Judge (Junior Division).
5. [Repealed]
6. Vacancies among district or Civil Judge (Senior Division) .
7. [Repealed]
8. District Judges.
9. Administrative control of Courts.
10. Temporary charge of District Courts.
11. Transfer of proceeding on vacation of office of Civil Judge
(Senior Division).
12. [Repealed]
13. Power to fix local limits of jurisdiction of Courts
14. Place of sitting of Courts.
15. Vacation of Courts.
16. Seal of Court.
17. Continuance of proceedings of Courts ceasing to have
jurisdiction.
CHAPTER III
Ordinary jurisdiction
18. Extent of original jurisdiction of District or Subordinate
Judge.
19. Extent of jurisdiction of Civil Judge (Junior Division).
20. Appeals from P r i n c i p a l district and district Judges.
CHAPTER IV
Special jurisdiction
21. Appeals from Civil Judge (Senior Division) and Civil Judge
(Junior Division).
22. Power to transfer to Civil Judge (Senior Division) appeals from
Civil Judge (Junior Division).
23. Exercise by Subordinate Judge or Civil Judge (Junior
Division) of jurisdiction of District Court in certain proceedings.
24. Disposal of proceedings referred to in last foregoing section.
25. Power to invest Subordinate Judges and Civil Judge (Junior
Division)s with Small Causes Court jurisdiction.
CHAPTER V- VI
[Repealed].
CHAPTER VII
Supplemental provisions
36. Power to confer powers of Civil Courts on officers.
37. Certain decisions to be according to law.
38. Judges not to try suits in which they are interested.
39. Subordination of Courts to District Court.
40. Application of Act to S t a t e Courts of Small Causes.
An Act to consolidate and amend the law relating to the Civil
Courts in Bengal, (the North - Western Provinces and Assam).
Whereas it is expedient to consolidate and amend the law
relating to civil Courts in Bengal, (the North-Western Provinces and
Assam;) It is hereby enacted as follows:
CHAPTER I
Preliminary
1. Title, extent and commencement.
(1) This Act may be called the Bengal, Agra and Assam
Civil Courts(Jharkhand Ammendment) Act, 2018.
(2) It extends to territories (which were on the 11th
March, 1887) respectively administered by the
Lieutenant- Governor of Bengal, (the Lieutenant-Governor
of the North -Western Provinces and the Chief
Commissioner of Assam) except such portions of those
territories as for the time being are not subject to
the ordinary civil jurisdiction of the High Court. and
(3) It shall come into force on the first day of July 1887.
2. (1) [Repealed].
(2) All courts constituted, appointments, nominations,
rules and orders m ade, jurisdictions and powers
conferred, and lists published under the Bengal Civil
Courts Acts, 1871 or any enactment thereby repealed,
or purporting expressly or impliedly to have been so
constituted, made, conferred and published shall be
deemed to have been respectively constituted, made,
conferred and published under this Act; and
(3) Any enactment or document referring to the Bengal
Civil Courts Acts, 1871, or to any enactment thereby
repealed, shall be construed to refer to this Act or to
the corresponding portion thereof.
CHAPTER II
Constitution of Civil Courts
3. Classes of Courts - There shall be the following classes of
Civil Courts under this Act, namely 1:
(1) the Court of the Principal District Judge;
(2) the Court of the Distri ct judge;
(3) the Court of the Civil Judge (Senior Division)
(4) the Court of the Civil Judge (Junior Division) .
1. Subs. by Jharkhand Act 05 of 2010
4. Number of Principal District Judges, Civil Judge (Senior Division)
and Civil Judge (Junior Division).
The (State) Government may alter the number of
Principal District judges, Civil Judge (Senior Division) and
Civil Judge (Junior Division)s now fixed).
5. [Repealed]
6. Vacancies among District or Civil Judge (Senior Division).
(1) whenever the o f f i c e of a Principal District Judge or
Civil Judge (Senior Division) is vacant by reason of the
death, resignation or removal of the Judge or other
cause, or whenever an (an increase in the number of
District or Civil Judge (Senior Division) has been made
under the provisions of Section 4), the ( State)
Government, or as the case may be, the High Court
may fill up the vacancy or appoint the District
Judge or Civil Judge (Senior Division).
(2) Nothing in this section shall be construed to prevent a
State Government from appointing a Principal District
Judge or Civil Judge (Senior Division) to discharge for
such Principal District Judge or Civil Judge (Senior
Division), all or any of the functions of another
Principal District Judge or Civil Judge (Senior
Division), as the case may be.
7. [Repealed].
8. District Judges.
(1) When the business pending before any Principal District
Judge requires the aid of District Judges for its
speedy disposal, the ( State) Government may ( having
consulted) with the High Court, appoint such District
judges as may be requisite.
(2) District Judges so appointed shall discharge any of the
functions of a Principal District Judge which the
Principal District Judge may assign to them, and in
the discharge of those functions they shall exercise the
same powers as the Principal District judge.
9. Administrative control of Courts.
Subject to the Superintendence of the High Court the
Principal District Judge shall have administrative control
over all the Civil Courts under this Act within the local
limits of his jurisdiction.
10. Temporary charge of District Courts.
(1) In the event of the death, resignation or the removal of
the Principal 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 District Judge, or, if an District Judge
is not present at that place, the senior Civil Judge
(Senior Division) present thereat, shall, without
relinquishing his ordinary duties, assume charge of
the o f f i c e of the Principal District Judge, and shall
continue in-charge there of until the office is resumed
by the Principal District Judge or assumed by an officer
appointed thereto.
(2) While in charge of the office of the Principal District
Judge, the District Judge or Civil Judge (Senior
Division), as the case may be, may, subject to any
rules which the High Court may make in this
behalf, exercise any of the powers of the Principal
District Judge.
11. Transfer of proceedings on vacation of office of
Civil Judge (Senior Division).
(1) In the event of the death, resignation or removal of a
Civil Judge (Senior Division). 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 Principal District
judge may , transfer all or any of the proceedings
pending in the Court of the Civil Judge (Senior
Division), either to his own Court or to any Court
under his administrative control competent to
dispose them of.
(2) Proceedings transferred under sub-Section (1)
shall be disposed of as if they had been instituted in
the Court to which they are so transferred.
(3) Provided that the Principal District Judge may re-
transfer to the Court of the Civil Judge (Senior Division)
or his successors any proceedings transferred under
Sub-section. (1) to his own or any other Court.
(4) For the purposes of proceedings which are not pending
in the court of the Civil Judge (Senior Division)
on the occurrence of an event referred to in sub-section
(1), and with respect to which that Court has
exclusive jurisdiction, the Principal District judge may
exercise all or any of the jurisdictions of that Court.
12. [Repealed].
13. Power to fix local limits of jurisdiction of Courts.
(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.
(2) If the same local jurisdiction is assigned to two or
more Civil Judge (Senior Division) or to two or more
Civil Judge (Junior Division)s, the Principal District Judge
may assign to each of them such civil business
cognizable by the Civil Judge (Senior Division) or
Civil Judge (Junior Division) as the case may be, as
subject to any general or special order of the High
Court, he thinks fit.
(3) When civil business arising in any local area is
assigned by the Principal District Judge under sub-
Section (2), to one of two or more Civil Judge
(Senior Division) or to one of two or more Civil Judge
(Junior Division), a decree or order passed by the Civil
Judge (Senior Division) or Civil Judge (Junior Division)
shall not be invalid by reason only of the case in which
it was made having arisen wholly or in part in a place
beyond the local area if that place is within the local
limits fixed by the (State) Government under sub-
Section (1).
(4) A Judge of a Court of Small Causes appointed be
also Civil Judge (Senior Division) or Civil Judge (Junior
Division) is a Civil Judge (Senior Division) or Civil Judge
(Junior Division), as the case may be, within the
meaning of this section.
(5) The present local limits of the jurisdiction of every Civil
Court under this Act shall be deemed to have been
fixed under this section.
14. Place of sitting of Courts.
(1) The State Government may, by notification in the
Official Gazette, fix or alter the place or places, at
which any Civil Court under this Act is to be held.
(2) All places at which any such courts are now held shall
be deemed to have been fixed under this section.
15. Vacations of Courts.
(1) Subject to such orders as may be made by the State
Government the High Court shall prepare a list of days
to be observed in each year as close holidays in the
Civil Courts.
(2) The list shall be published in the official Gazette.
(3) A judicial act done by a Civil Court on a day specified
in the list shall not be invalid by reason only of its
having been done on that day.
16. Seal of Court.
Every Civil courts under this Act shall use a seal of such
form and dimensions as are prescribed by the
(State) Government.
17. Continuance of proceedings of Courts ceasing to have
jurisdiction.
(1) Where any Civil Court under this Act has for 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 h a v e
jurisdiction, might have been, had therein may be had
in the Court to which the business of the former
Court has been transferred.
(2) Nothing in this section applies to cases for which
provision is made ( in Sections. 36, 37 and 114 of, and
Rule. 1 of Order XLVII to Schedule 1 to the Code
of Civil procedure, 1908) or in any other
enactment for the time being in force.
CHAPTER III
Ordinary jurisdiction
18. Extent of original jurisdiction of District or Civil Judge
(Senior Division).
Save as otherwise provided by any enactment for the time
being in force, the jurisdiction of a Principal District
Judge or Civil Judge (Senior Division) extends, subject to the
provisions of Section 15 of the Code of Civil Procedure, [1908]
to all original suits for the time being cognizable by civil
courts.
19. Extent of jurisdiction of Civil Judge (Junior Division).
(1) Save as aforesaid, and subject to the provision of
sub- Section (2), the jurisdiction of a Civil Judge (Junior
Division) extends to all like suits of which the
value does not exceed five lakhs rupees 1.
(2) The State Government may, on the recommendation
of the High Court, direct, by notification in the official
Gazette, with respect to any Civil Judge (Junior Division)
named therein, that his jurisdiction shall extend to all like
suits of such value not exceeding seven lakhs rupees 1 as
may be specified in the notification.
(Provided that the State Government
may, by notification in the official Gazette, delegate to the
High Court its power under this section).
1. Subs. by Jharkhand Act 09 of 2019
20. Appeals from District and Additional Judge.
(1) Save as otherwise provided by any enactment for the
time being in force, an appeal from a decree or order of
a district Judge or an District Judge shall lie to the
High Court.
(2) An appeal shall not lie to the High Court from a
decree or order of an District Judge in any case in
which, if the decree or order had been made by
the Principal District Judge, an appeal would not lie to
that Court.
21. Appeals from Civil Judge (Senior Division) and Civil Judge
(Junior Division).
(1) Save as afore said, an appeal from a decree or order of
a Civil Judge (Senior Division) shall lie-
(a) to the district Judge where the value of the
original suit in which or in any proceeding
arising out of which the decree or order was
made was less than twenty five lakhs rupees and 1
(b) to the High Court in any other case.
(2) Save as aforesaid, an appeal from a decree or order of
a Civil Judge (Junior Division) shall lie to the district
Judge.
1. subs. by Jharkhand Act 09 of 2019.
Provided that the High Court may at any time
decide/direct that any Appeal of class or group of Appeals
filed before it at any time, shall be transferred to Principal
District Judge or District Judge, and on such decision being
taken or order being passed by the High Court, such Appeal
or class or group of Appeals shall so stand transferred to
such a transferee court which shall hear and dispose of such
an Appeal or class or group of Appeals, as if, the same had
been filed before it under clause (a)
(3) Where the function of receiving any appeals which lie
to the Principal District Judge under sub-Section (1) or
sub-Section . (2) has been assigned to District Judge, the
appeals may be preferred to the District judge.
(4) The High Court may, with the previous sanction of the
( State) Government, direct, by notification in the
official Gazette, that appeals lying to the Principal District
judge under sub-Section (2) from all or any of the
decrees or orders of any Civil Judge (Junior Division)
shall be preferred to the Court of such Civil Judge
(Senior Division) as may be mentioned in the
notification, and the appeals shall thereupon be
CHAPTER IV
Special jurisdiction
22. Power to transfer to Civil Judge (Senior Division),
appeals from Civil Judge (Junior Division)s.
(1) A Principal District Judge may transfer to any
Civil Judge (Senior Division) Under his administrative
control any appeals pending before him from the
decrees or orders of Civil Judge (Junior Division)s.
(2) The Principal district Judge may withdraw any
appeal so transferred and either hear and dispose of it
himself or transfer it to a Court under his
administrative control competent to dispose of it.
(3) Appeals transferred under this section shall be
disposed of subject to the rules applicable to
like appeals when disposed of by the Principal District
Judge.
3. Exercise by Civil Judge (Senior Division) or Civil
Judge (Junior Division) of jurisdiction of District Court in
certain proceedings.
(1) The High Court may, by general or special order,
authorize any Civil Judge (Senior Division) or Civil
Judge (Junior Division) to take Cognizance of, or any
Principal District judge to transfer to a Civil Judge
(Senior Division) or Civil Judge (Junior Division) under
his administrative control, any of the proceedings
next hereinafter mentioned or any class of those
proceedings specified in the order.
(2) The Proceedings referred to in sub-Section (1) are
the following, namely:
(a) Proceedings under Bengal Regulation 5, 1799 (to
limit the interference of the Zila and City Courts
of Diwani Adalat in the Execution of wills and
administrations to the estates of persons dying
intestate).
[(b) [ Repealed].
[(c) [ Repealed]
(d) Proceedings under the Indian Succession Act,
1925 which cannot be disposed of by District
Delegates; and
(e) [ Repealed].
(3) The Principal District Judge may withdraw any such
proceeding taken cognizance of by, or transferred
to, a Civil Judge (Senior Division) or Civil Judge (Junior
Division), and may either himself dispose of them or
transfer them to a Court under his administrative control
competent to dispose of them.
24. Disposal of proceedings referred to in last foregoing
section.
(1) Proceedings taken cognizance of by, or transferred to
a Civil Judge (Senior Division) or Civil Judge (Junior
Division), 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 Principal District Judge:
subs. by Jharkhand Act 11 of 2002
Provided that an appeal from an order of a Civil
Judge (Junior Division) in any such proceedings shall lie
to the Principal District Judge:
(2) An appeal from the order of the Principal District
Judge on the appeal from the order of the Civil Judge
(Junior Division) under this section shall lie to the
High Court if a further appeal from the order of the
Principal District Judge is allowed by the law for the
time being in force.
25. Power to invest Civil Judge (Senior Division) and Civil Judge
(Junior Division) with Small Causes Court jurisdiction.
The ( State) Government may, by notification in the
official Gazette, confer, within such local limits as it thinks
fit, upon any Civil Judge (Senior Division) or Civil Judge (Junior
Division) the jurisdiction of a Judge of a Court of small
Causes under the Provincial Small Cause Courts Act, 1887
for the trial of suits cognizable by such Courts up to such
value not exceeding (one thousand and five hundred rupees) in
the case of a Civil Judge (Senior Division) or (one thousand
rupees) in the case of a Civil Judge (Junior Division) as it
thinks fit, and may withdraw any jurisdiction so conferred;
Provided that the ( State) Government may by
notification in the official Gazette delegate to the High
Court its powers under this section.
Chapters V
Misfeasance (Repealed)
Chapters VI
Ministerial Officers (Repealed)
CHAPTER VII
Supplemental provisions
36. Power to confer powers of Civil Courts on officers.
(1) The ( State) Government may invest with the powers
of any Civil Court under this Act, by name or in virtue
of office-
(a) any officer in the Chotanagpur, (Sambalpur),
(Jalpaiguri of Darjeeling District), ( or in any part
of the territories administered by the Chief
Commissioner of Assam, except the district of
Sylhet ) or
(b) After consultation with the High Court, any
officer serving in any other part of the territories
to which this Act extends and belonging to a
class defined in this behalf by the State
Government.
(2) Nothing in ( Sections 4, 5,6,8,10 or 11) applies to any
officer so invested, but all the other provisions of this
Act, shall so far as those provisions can be made
applicable, apply to him as if he were a Judge of the
Court with the powers of which he is invested.
(3) Where in the territories mentioned in Clause (a) of sub-
Section (1), the same local jurisdiction is assigned to
two or more officers invested with the powers of a Civil
Judge (Junior Division) the officers invested with the
powers of a Principal District Judge may, with the previous
sanction of the State Government, delegate his functions
under sub-Section. (2) of Section 13 to the officer invested
with the powers of a Civil Judge (Senior Division) or to
one of the officers invested with the powers of a Civil Judge
(Junior Division).
(4) Where the place at which the Court of an officer
invested with powers under sub-Section (1) is to be
held has not been fixed under Section 14 , the Court
may be held at any place within the local limits of its
jurisdiction.
37. Certain decisions to be according to law.
(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 are Hindus shall
form the rule of decision except in so far as such law
has, by legislative enactment, been altered or abolished.
(2) In cases not provided for in sub-Section (1) or by any
other law for the time being in force, the Court shall
act according to justice, equity and goods conscience.
38. Judges not to try suits in which they are interested.
(1) The presiding officer of a Civil Court shall not try any
suit or other proceeding to which he is a party or in
which he is personally interested.
(2) The presiding officer of an Appellate Civil Court under
this Act, shall not try an appeal against a decree or
order passed by himself in another capacity.
(3) When any such suit, proceeding or appeal as is
referred to in sub-Section (1) or sub - Section (2) ,
comes before any such officer, the officer shall
forthwith transmit the record of the case to the
Court to which he is immediately subordinate
with a report of the circumstances attending the
reference.
(4) The superior Court shall thereupon dispose of the case
under Section 24 of the Code of Civil Procedure, 1908.
(5) Nothing in this section shall be deemed to affect the
extraordinary original civil jurisdiction of the High
Court.
39. Subordination of Courts to District Court.
For the purpose of the last foregoing section, the presiding
officer of a Court subject to the administrative control of
the Principal District Judge shall be deemed to be
immediately subordinate to the Court of the District and for
the purpose of the Code of Civil Procedure, 1908 the Court
of such an officer shall be deemed to be of a grade inferior
to that of the Court of the Principal District Judge.
40. Application of Act to S t a t e Courts of Small Causes.
(1) This section, and Sections. 15, 3 2 , 37, 38 and 39
apply to Court of Small Causes constituted under the
Provincial Small Causes Courts Act. 1887.
(2) Save as provided by that Act, the other sections of this
Act do not apply to those Courts.