LexThe BANGALORE CITY CIVIL COURT ACT, 1979
Karnataka · state statute
Open in Lexace · Ask the AI about this actTHE BANGALORE CITY CIVIL COURT ACT, 1979
ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons:
Sections:
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT OF A CITY CIVIL COURT FOR THE CITY OF BANGALORE.
3. Establishment of a City Civil Court.
4. Subordination to and superintendence by the High Court.
5. Powers of Judges.
6. Temporary vacancy of the office of Principal City Civil Judge of the City Civil Court.
7. Registrar, etc.
8. Questions arising in suits, etc., under the Act to be dealt with according to law administered
by a District Court.
9. Appeals and limitation.
CHAPTER III
MISCELLANEOUS
10. Seal of the Court.
11. Holidays and vacation.
12. Construction of references to District Court, the Court of the Civil Judge, Munsiff's Court,
District judge, Civil Judge and Munsiff in other laws.
13. Judges not to try suits in which they are interested.
14. Power to make Rules.
15. Amendment of Karnataka Act 22 of 1961.
16. Amendment of Karnataka Act 5 of 1962.
17. Amendment of Karnataka Act 11 of 1964.
18. Amendment of Karnataka Act 21 of 1964.
19. Special provisions for transfer of pending suits, etc.
20. Repeal of Karnataka Ordinance No. 8 of 1979.
*****
2
STATEMENT OF OBJECTS AND REASONS
I
Act 13 of 1980.- City Civil Courts are functioning in the Metropolitan Cities of Bombay,
Madras, Calcutta, Hyderabad and Ahmedabad. The High Court is of the opinion that a City Civil
Court on the pattern of the City Civil Courts fu nctioning in the other cities above-named may be
constituted for the City of Bangalore also. When such a City Civil Court is constituted, the
Sessions Judge will deal exclusively with criminal work and the supervision of the work of the
Magistrates' Courts. As there will be an appeal only to the High Court against the decision of the
City Civil Court, this would not only minimise the delay in disposal of cases but also reduce the
cost of litigation.
The Government have therefore, considered it necessary to constitute a City Civil Court for
the City of Bangalore. It is also proposed to abolish vacation in civil courts.
Hence this Bill.
(Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 478 dated 16.5.1979 at
page 14.)
II
Amendment Act 23 of 1980.- The Bangalore City Civil Court Bill as passed by both Houses
of the legislature was published as an Act after obt aining the assent of the President. " City of
Bangalore" is defined in section 2 (2) of the said Act to mean the area comprised within the limits
specified in Annexure B of the Schedule to t he Notification No. HUD 4 MNX 79 dated 6th March
1979. The said Notification has been rescinded. It therefore became necessary to specify the
area of "City of Bangalore" for the purposes of the Bangalore City Civil Court.
The High Court had originally proposed that the said Court would try civil cases only.
Subsequently, the High Court recommended that the presiding Officers of the said Court would
try criminal cases also. Accordingly, the High Court recommended that the area of the "City of
Bangalore" may be the area declared to be a metropolitan area under Section 8 of the Cr. P.C.
The High Court also recommended that,-
(i) the pecuniary jurisdiction of the court of Small Causes in Bangalore may be increased to
Rs. 10, 000;
(ii) all proceedings pending in the District Court, Court of the Civil Judge and the Munsiff's
Court be transferred to the City Civil Court instead of to the High Court as at present ; and
(iii) provision be made to dispense with the giving of notices to parties after the appeals,
applications, suits etc., are transferred to the City Civil Court or the Small Causes Court.
In order to enable the establishment of the Ba ngalore City Civil Court very early and as the
Legislative Council was not in Session, the Bangal ore City Civil Courts (Amendment) Ordinance,
1980 providing for these matters was promulgated. Subsequently the High Court suggested
certain other provisions of a procedural and clarificatory nature. They have also been
incorporated in the Bill which is intended to replace the Ordinance.
(Published in the Karnataka Gazette Part IV-2A (Extraordinary) No.557 dated 8.7.1980 at
Page 6)
III
Amendment Act 11 of 1981.- In view of the heavy arrears of cases in the Subordinate Civil
Courts, it was considered necessary to increase the number of working days of all such courts.
Accordingly, the vacation to all such courts was reduced from 60 days to 30 days by amending
3
the relevant provisions in the Karnataka Civ il Courts Act, 1964 and the Karnataka Small Cause
Courts Act, 1964. In the Bangalore City Civil Cour t Act, 1979, the duration of vacation for the City
Civil Court, Bangalore City was also fixed at 30 days.
There have been a spate repres entations from the various Bar Associations in the State
protesting against the reduction of vacation for these courts and they have been requesting the
Government for restoration of vacation to the Subo rdinate Courts to the full period of 60 days as
before.
Further, the subordinate Courts in the neighboring States of Tamil Nadu, Andhra pradesh and
Kerala have vacations during summer, winter and Dasara totalling nearly 60 days or even more.
In view of the repeated requests from the se veral Bar Associations in the State for the
restoration of vacation to the full period of 60 days and in view of the recommendation made by
the High Court in this behalf, it is considered nece ssary that the vacation for the Civil Courts may
be restored to 60 days, instead of 30 days, as before.
Hence the Bill.
(Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 209 dated 28.3.1981 at
page 3.)
IV
Amendment Act 26 of 1985.- With a view to provide uniform provision regarding vacations,
in the Karnataka Small Causes Courts Act, 1964, the Karnataka Civil Courts, Act, 1964 and the
Bangalore City Civil Court Act, 1979, it is considered necessary to amend the relevant sections of
the said Acts. Opportunity is also taken to make provisions for appointment of Vacation Judges in
the Karnataka Small Causes Court Act and other consequential changes.
Hence the Bill.
(Published in the Karnataka Gazette Part IV-2A (Extraordinary) No. 400 dated 26.7.1985 at
page 6.)
*****
4
KARNATAKA ACT No. 13 OF 1980
(First published in the Karnataka Gazette Extraordinary on the Seventeenth day of April,
1980)
THE BANGALORE CITY CIVIL COURT ACT, 1979
(Received the assent of the President on the Eighth day of April, 1980)
(As Amended by Acts 23 of 1980, 11 of 1981 and 26 of 1985)
An Act to provide for the establishment of t he City Civil Court in the city of Bangalore.
W HEREAS it is expedient to provide for the est ablishment of a City Civil Court in the
city of Bangalore and matters connected therewith ;
B E it enacted by the Karnataka State Legislature in the Thirty-first Year of the
Republic of India as follows :-
CHAPTER I
PRELIMINARY
1. Short title and commencement.- (1) This Act may be called the Bangalore City
Civil Court Act, 1979.
(2) This section shall be deemed to have come into force on the thirty first day of
August 1979, 1[clause (2A) of section 17 shall come into force at once] 1 and the other
provisions shall come into force on such 2[date]2 as the State Government may, by
notification, appoint.
1. Inserted by Act 23 of 1980. w.e.f. 25-7-80.
2. Other provisions of the Act came into force on 17.11.1980 by notification. Text of the notification is at
the end of the Act.
2. Definitions.- In this Act, unless the context otherwise requires,-
(1) "appointed date" means, the date notified under sub-section (2) of section 1 ;
1[(2) "City of Bangalore" means the area for the time being included in the Metropolitan
area comprising the Bangalore City declared under section 8 of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974) ;]1
1. Substituted by Act 23 of 1980 w.e.f. 25-7-80.
(3) "City Civil Court" means the court established under sub-section (1) of section 3 ;
(4) "Court of Small Causes" means a Court of Small Causes established under the
Karnataka Small Causes Courts Act, 1964 (Karnataka Act 11 of 1964) for the City of
Bangalore ;
(5) "High Court" means the High Court of Karnataka ;
(6) "Judge" means the Principal City Civil Judge and a City Civil Judge of the City
Civil Court ; and
(7) "law" includes any enactment, ordinance, regulation, order, bye-law, rules,
scheme, notification or every instrument having the force of law.
CHAPTER II
ESTABLISHMENT OF A CITY CIVIL COURT FOR THE CITY OF
BANGALORE.
3. Establishment of a City Civil Court.- (1) As from the appointed date there shall
be a City Civil Court for the City of Bangalore.
5
(2) The City Civil Court shall consist of a Principal City Civil Judge and such
number of other City Civil Judges as the State Government may, in consultation with the
High Court, determine.
(3) Notwithstanding anything contained in any law, the City Civil Court,-
(a) shall be deemed to be the Principal Civil Court of original jurisdiction in the
City of Bangalore ;
(b) shall have jurisdiction to receive, try and dispose of all suits and other
proceedings of a civil nature and arising within the City of Bangalore except suits or
proceedings which are cognizable by the High Court and the Court of Small Causes.
(4) The District Courts, the courts of the Civil Judges and the Munsiff's Courts
established under the Karnataka Civil Courts Act, 1964 (Karnataka Act 21 of 1964),-
(a) exercising jurisdiction only within the local limits of the City of Bangalore
immediately before the appointed date, shall on and from the said date cease to function
and are hereby abolished ;
(b) exercising jurisdiction within the local limits of the City of Bangalore as well
as outside such limits immediately before the appointed date, shall, on and from the said
date, cease to have jurisdiction within the local limits of the City of Bangalore.
(5) Nothing in sub-section (4), shall prejudice or affect the continued operation of
any notice served, injunction issued, directi on given, proceedings taken, decree or order
passed before the appointed date by any of the courts referred to in that sub-section
under the powers then conferred upon those courts.
4. Subordination to and superintendence by the High-Court.- The City Civil
Court shall be deemed 1[to be a court] 1 subordinate to and subject to the control and
superintendence of the High Court.
1. Substituted by Act 23 of 1980 w.e.f. 25-7-1980.
5. Powers of Judges.- (1) subject to the other provisions of this Act, each of the
Judges may exercise all or any of the powers conferred on the City Civil Court by this
Act or any other law for the time being in force.
(2) The Principal City Civil Judge may, subject to the General or Special Orders of
the High Court, from time to time, make such arrangement as he thinks fit for the
distribution of the business of the City Civil Court among the Judges thereof.
6. Temporary vacancy of the office of Principal City Civil Judge of the City
Civil Court.- (1) In the event of the death of the Principal City Civil Judge or of his being
incapacitated from performing his duties by sudden illness or otherwise or of his
absence on leave or for any other reason, the next senior most Judge shall without
relinquishing his ordinary duties assume the charge of the office of the Principal City
Civil Judge and shall continue incharge thereof until the same is assumed by the
Principal City Civil Judge duly appointed thereto.
(2) While incharge of the office of the Principal City Civil Judge under sub-section (1),
the seniormost Judge shall, subject to the general or special orders of the High Court,
issued in this behalf, exercise all the powers and perform all the duties of the Principal
City Civil Judge.
6
7. Registrar, etc.- (1) The City Civil Court shall have a Registrar and as many
Deputy Registrars and other staff as may be determined by the State Government in
consultation with the High Court.
(2) The High Court may appoint an officer belonging to the Judicial Service of the
State of Karnataka as the Registrar of the City Civil Court.
(3) The Registrar shall be the Chief Minist erial Officer of the City Civil Court.
(4) Subject to the 1[orders]1 made by the High Court in this behalf, the Registrar, the
Deputy Registrars and other staff shall exercise such powers and discharge such duties
as the Principal City Civil Judge may from time to time assign.
1. Substituted by Act 23 of 1980 w.e.f. 25-7-1980.
8. Questions arising in suits, etc., under the Act to be dealt with according to
law administered by a District Court. - Save as otherwise provided in this Act and
subject to such rules as the High Court may make for the City Civil Court under Article
227 of the constitution or section 122 of the Code of Civil Procedure, 1908 (Central Act 5
of 1908) all questions which arise in suits or other proceedings under this Act in the City
Civil Court shall be dealt with and determined according to the law for the time being
administered by a District Court.
9. Appeals and limitation.- (1) Appeals from the decrees and orders passed by the
City Civil Court in suits and other proceedings of civil nature shall, when such appeals
are provided by law, lie to the High Court.
(2) The period of limitation for an appeal from a decree or order of the City Civil Court
shall be ninety days form the date of such decree or order.
CHAPTER III
MISCELLANEOUS
10. Seal of the Court.- The City Civil Court shall use a seal which shall bear thereon
the emblem of the State of Karnataka and shall be in such form, of such dimension and
with the name of the City Civil Court in such language, as the State Government may by
order determine.
11. Holidays and vacation.- (1) The City Civil Court shall be closed on such days as
may be notified by the State Government as public holidays for the whole State or for the
city of Bangalore.
(2) The City Civil Court shall have three vacations in each year, namely, Summer,
Dasara and Winter and the total number of the said three vacations shall not exceed
1[sixty days]1 and the High Court shall fix period of each vacation.
1. Substituted by Act 11 of 1981 w.e.f. 4-4-1981.
(3) Notwithstanding anything contained in this Act or in the Code of Civil Procedure,
1908 (Central Act 5 1908) for the hearing of all matters, which require to be immediately
or promptly dealt with during
1[any vacation] 1, the High Court may by notification
designate one or more Judges of the City Civil Court as vacation City Civil Judge or
Judges, as the case may be and such Judge or Judges shall, during 1[such vacation or
part thereof] 1, exercise all powers conferred on the Ci ty Civil Court by this Act or any
other law for the time being in force.
7
1[(3A) The High Court may also regulate by special or general order work to be
discharged by the Vacation City Civil Judge or Judges.
(3B) (a) The local limits of the jurisdiction of a Vacation City Civil Judge shall be the
same as that of City Civil Court.
(b) The jurisdiction of a Vacation City Civil Judge shall extend to all suits and
proceedings cognizable by the City Civil Court.
(3C) The places at which the Court of Vacation City Civil Judge or Judges shall be
held, shall be the same at which the City Civil Court may be held. The senior Vacation
City Civil Judge shall have such administrative control over the staff of the City Civil
Court, as the High Court may by general or special order, determine.]
1
1. Sub-Sections (3A) (3B) and (3C) inserted by Act 26 of 1985 w.e.f. 29-4-1985.
(4) Notwithstanding the designation of the vacation City Civil Judge or Judges under
sub-section (3), the City Civil Court shall, during the period of vacation in summer be
deemed to be closed for the purposes of section 4 of the Limitation Act, 1963 (Central
Act 36 of 1963).
12. Construction of references to District Court, the Court of the Civil Judge,
Munsiff's Court, District Judge, Civil Judge and Munsiff in other laws.- (1)
Notwithstanding anything contained in any la w but except where the context otherwise
requires any reference in any law for the time being in force in the city of Bangalore, to
District Court, Court of Civil Judge or Munsiff' s Court or to District Judge, Civil Judge or
Munsiff shall in the city of Bangalore be constr ued as a reference to the City Civil Court
or a Judge of the City Civil Court, as the case may be, and such law shall, have effect
accordingly.
(2) Where immediately prior to the appointed date, under any law in force in the city
of Bangalore,
1[the Jurisdiction and powers]1 of a tribunal or any other authority,-
(a) are exercised by the District Court or the Court of the Civil Judge or the
Munsiff's Court, referred to in sub-section (4) of section 3, on and from the appointed
date
1[the Jurisdication and powers] 1 of such tribunal or other authority shall, in the city of
Bangalore, be exercised by the City Civil Court.
1. Substituted by Act 23 of 1980 w.e.f. 25-7-1980.
(b) are exercised by the District Judge or a Civil Judge or a Munsiff, presiding
over any of the Courts, referred to in sub-section (4) of section 3, on and from the
appointed date the 1[jurisdiction and powers] 1 of such tribunal or other authority shall in
the city of Bangalore be exercised by the Principal City Civil Judge or any other Judge
nominated by him.
1. Substituted by Act 23 of 1980 w.e.f. 25-7-1980.
13. Judges not to try suits in which they are interested.- (1) No Judge of a City
Civil Court shall try any suit or proceeding to which he is a party or in which he is
personally interested or shall adjudicate upon any proceeding connected with or arising
out of such suit or proceeding.
(2) Where any such suit or proceeding comes before,-
(a) the Principal City Civil Judge, he shall place it before any other Judge for
disposal according to law ;
8
(b) any other Judge, he shall report the circumstances to the Principal City Civil
Judge who shall thereupon place it before any other Judge for disposal according to law.
14. Power to make rules.- (1) The High Court may by notification and subject to the
condition of previous publication make rules for carrying out the purposes of this Act.
(2) A rule made under sub-section (1) may provide for imposition of a penalty not
exceeding one hundred rupees for breach of any such rule and the authority which shall
impose such penalty. The penalty so imposed shall be recovered as if it were a fine
imposed by a Magistrate in exercise of his ordinary jurisdiction.
15. Amendment of Karnataka Act 22 of 1961.- In the Karnataka Rent Control Act,
1961 (Karnataka Act 22 of 1961),-
(a) for clause (d) of section 3, the following clause shall be substituted, namely :-
"(d) 'Court' means,-
(i) in respect of the area comprised within the limits of the City of Bangalore, 1[as
defined in the Bangalore City Civil Court Act, 1979]1 the Court of Small Causes ;
1. Substituted by Act 23 of 1980 w.e.f. 25-7-1980.
(ii) in such other areas as the State Government may in consultation with the High
Court, by notification specify, the court of the Civil Judge having territorial jurisdiction
over such area ; and
(iii) in respect of areas other than those referred to in sub-clauses (i) and (ii), the
Court of Munsiff having territorial jurisdiction over such area",
(b) in sub-section (1) of section 50, for the words "the Court of Civil Judge" the words
"the Court of Small Causes or the Court of Civil Judge" shall be substituted.
16. Amendment of Karnataka Act 5 of 1962.- In the Karnataka High Court Act,
1961 (Karnataka Act 5 of 1962),-
(1) in section 9,-
(a) for clause (viii), the following clause shall be substituted, namely:-
"(viii) exercise of powers conferred by section 389, section 439 and section 440 of
the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) ; "
(b) in clause (ix), for the words and figures "under section 526 and section 526-A of
the Code of Criminal Procedure, 1898;" the words, brackets and figures "under section
407 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974) ; " shall be
substituted.
(c) clause (x) shall be omitted.
(d) after clause (xii), the following clause shall be inserted, namely:-
"(xiii) all appeals against the decrees or orders passed by the City Civil Court or
deemed to have been passed by the City Civil Court in suits and proceedings the value
of which is less than rupees twenty thousand."
(2) in section 10,-
(a) for sub-clause (b) of clause (i), the following shall be substituted, namely :-
"(b) under section 395 of the Code of Criminal Procedure, 1973 (Central Act 2 of
1974)" ;
(c) clause (iii) shall be omitted.
9
17. Amendment of Karnataka Act 11 of 1964.- In the Karnataka Small Causes
Courts Act, 1964 (Karnataka Act 11 of 1964),-
(1) in section 2,-
(a) clause (a) shall be relettered as clause (aa) and before the relettered clause (aa),
the following clause shall be inserted, namely :-
"(a) "City of Bangalore" shall have the meaning assigned to it in the Bangalore City
Civil Court Act, 1979" ;
(b) in clause (d), the following shall be added at the end, namely :-
"and in the City of Bangalore the Chief Judge of the Court of Small Causes ;"
(2) after section 4, the following proviso shall be inserted, namely:-
"Provided that, in the City of Bangalore, the High Court may appoint a District
Judge who shall be called the Chief Judge of the Court of small Causes." ;
1[(2A) in the proviso to sub-section (2) of section 8, for the words "three thousand
rupees", the words "ten thousand rupees" shall be substituted.]1
1. Inserted by Act 23 of 1980 w.e.f. 25-7-1980.
(3) for section 17, the following section shall be substituted, namely :-
"17. Appeals from certain orders of Court of Small Causes.- An appeal shall lie
from every order under section 35A and section 95 of the Code as specified in and to the
extent provided by section 104 of the Code,-
(a) to the High Court where the order is of the Court of Small Causes in the City of
Bangalore ;
(b) to the District Court 1[in other cases.]1 ";
1. Substituted by Act 23 of 1980 w.e.f. 25-7-1980.
(4) in section 20, after sub-section (2), the following sub-section shall be inserted,
namely :-
"(3) Notwithstanding anything contained in sub-sections (1) and (2) the Court of Small
Causes in the city of Bangalore shall be subordinate to and subject to the administrative
control and superintendence of the High Court.";
(5) in section 21, for the words "sixty days" the words "thirty days" shall be
substituted.
18. Amendment of Karnataka Act 21 of 1964.- In the Karnataka Civil Courts Act,
1964 (Karnataka Act 21 of 1964),-
(1) in sub-section (2) of section 1, for the words "whole of the State of Karnataka"
the words " whole of the State of Karnataka except the city of Bangalore" shall be
substituted.
(2) in section 2,-
(i) after clause (a) the following clause shall be inserted, namely :-
"(aa) "city of Bangalore' shall have the meaning assigned to it in the Bangalore
City Civil Court Act, 1979" ;
(ii) in clause (c), for the Explanation the following Explanation shall be substituted,
namely :-
10
"Explanation.- For the purpose of this clause Bangalore Revenue District shall be
exclusive of the city of Bangalore."
(3) in section 13, after sub-section (3), the following sub-section shall be inserted,
namely :-
"(4) where the local limits of the Jurisdiction of any District Court, Court of Civil Judge
or Munsiff's Court is varied by a notificati on issued under sub-section (1) or sub-section
(2), the High Court may make such orders as it may consider necessary for the transfer
of suits, applications, appeals and other proceedings pending in any such court."
(4) in sub-section (2) of section 28, for t he words "sixty days" the words "thirty days"
shall be substituted.
19. Special provisions for transfer of pending suits, etc.- (1) All suits, petitions,
applications and other proceedings, other than appeals and proceedings connected
therewith pending before the District Court, the Court of the Civil Judge and the Munsiff's
Court referred to in sub-section (4) of section 3, which under this Act have to be
instituted, filed or commenced in the City Ci vil Court shall, on the appointed date, stand
transferred to the City Civil Court and shall be continued and disposed of by the City
Civil Court as if such suits, petitions, applications or other proceedings had been
instituted, filed or commenced in the City Civil Court.
(2) All appeals and proceedings connected therewith pending before the said District
Courts or the courts of the Civil Judge referred to in sub-section (4) of section 3 shall on
the appointed date stand
1[transferred to the City Civil Court and shall be disposed of by
the City Civil Court which is hereby empowered to hear such appeals and proceedings,
as if they had been instituted, filed or commenced in such court.]1
1. Substituted by Act 23 of 1980 w.e.f. 25-7-1980.
(3) Appeals against decrees and orders passed before the appointed date by the
District Court, the Court of the Civil Judge and the Munsiff's Court referred to in sub-
section (4) of section 3, when such appeals are provided by law, and which have not
been filed before the appointed date, may on and from the appointed date be filed before
the High Court and all such appeals shall be disposed of by the High Court as if they had
been filed against the decrees and orders passed by the City Civil Court under this Act.
(4) Applications for review and for execution of a decree or order passed by the
District Court, the Court of the Civil Judge or the Munsiff's Court referred to in sub-
section (4) of section (3), which have not been filed before the appointed date may on
and from the appointed date be filed in the City Civil Court.
(5) An appeal or review under sub-section (3) or sub-section (4) shall be filed before
the expiry of the period prescribed for filing an appeal or review as the case may be,
against the decrees and orders passed prior to the appointed date.
(6) 1[(a) All applications under the Karnataka Rent Control Act, 1961 (Karnataka Act
22 of 1961) and proceedings connected therewith and all suits, applications and other
proceedings, pending in the courts of Civil Ju dges and Munsiffs exercising jurisdiction
within the limits of the city of Bangalore, which by virtue of this Act or any amendment
made by this Act or any notification issued under section 8 of the Karnataka Small
Causes Court Act, 1964 (Karnataka Act 11 of 1964), have to be instituted, filed or
commenced in the Court of Small causes, shall, on the appointed date, stand transferred
11
to the Court of Small Causes and shall be disp osed of by the said court as if they have
been instituted or commenced before it.
(b) In relation to the execution of decrees and orders passed before the
appointed date the court which passed the decree shall be deemed to be,-
(a) where such decrees or orders have been passed in the exercise of any
jurisdiction under the Karnataka Rent control Act, 1961 (Karnataka Act 22 of 1961) or
the Karnataka Small Causes Courts Act, 1964 (Karnataka Act 11 of 1964), the Court of
Small Causes Bangalore ; and
(b) in other cases, the City Civil Court.] 1
1. Substituted by Act 23 of 1980 w.e.f. 25-7-1980.
(c) Applications for review and for execution of a decree or order passed by the
court of Civil Judge referred to in sub-section (4) of section 3 under the Karnataka Rent
Control Act, 1961 (Karnataka Act 22 of 1961) which have not been filed before the
appointed date may on and from the appointed date be filed in the court of Small
Causes;
(d) A review petition or an application for execution under clause (c) shall be
filed before the expiry of the period prescribed for filing review or application for
execution, as the case may be, against the decrees and orders passed prior to the
appointed date;
1[(7) All suits, petitions, applications, appeals and other proceedings which under this
section stand transferred to the Principal City Civil Judge or to the City Civil Court or to
the Court of Small Causes, shall, stand post ed to and be called before the Principal City
Civil Judge or in the City Civil Court or in the Court of Small Causes, as the case may
be, on the respective dates to which the said suits, petitions, applications, appeals and
other proceedings stood adjourned or posted by the courts referred to in sub-section (4)
of section 3 or tribunals or authorities referred to in sub-section (2) of section 12 as if the
orders of adjournment or posting in that behal f had been made by the Principal City Civil
Judge, the City Civil Court or the Court of Small causes, as the case may be, and the
party or the parties thereto shall not be entitled to notice of such transfer.]
1
1. Substituted by Act 23 of 1980 w.e.f. 25-7-1980.
(8) 1[Save as otherwise provided in sub-section (6) all applications, appeals] 1,
petitions and other proceedings pending before the District Court, the Court of the Civil
Judge, the Munsiff's Court, the District Judge, the Civil Judge or the Munsiff exercising
powers of a tribunal or any other authority referred to in sub-section (2) of section 12,
shall, on the appointed date stand transferred to and be continued and disposed of by,
the City Civil Court or the Principal City Civil Judge, 2[or any other Judge nominated by
him]2 as the case may be.
1. Substituted by Act 23 of 1980 w.e.f. 25-7-1980.
2. Inserted by Act 23 of 1980 w.e.f. 25-7-1980.
(9) The High Court may, by notification, for the purpose of removing any difficulty,-
(a) in relation to the transfer of suits, petitions, applications and other
proceedings pending before the District Court, the Court of the Civil Judge
and the Munsiff's Court referred to in sub-section (4) of section 3 to the City
Civil Court on the appointed date ;
12
(b) in relation to the transfer of applications and proceedings under the
Karnataka Rent Control Act, 1961 (Karnataka Act 22 of 1961) pending in the
Court of the Civil Judge to the Court of Small Causes on the appointed date ;
(c) in relation to the posting and calling of transferred suits, petitions,
applications and other proceedings before the City Civil Court ; and
(d) in relation to the bringing the provisions of this Act into effective operation ;
make such provisions or orders not inconsistent with the purposes of this Act as may
appear to it to be necessary or expedient.
1[(9A) If there be any doubt or difficulty in regard to the question as to which Judge or
Court, any suit, appeal or proceeding shall stand transferred to under this section, the
Judge or Court designated by the High Court shall be the Judge or Court to which the
said suit, appeal or proceeding shall stand transferred under this section and the
decision of the High Court shall be final.]
1
2. Inserted by Act 23 of 1980 w.e.f. 25-7-1980.
(10) For removal of doubts it is hereby declared that the provisions of the Karnataka
Civil Rules of Practice, 1967 and other rules regulating the practice and procedure of
the Civil Courts, applicable to the Civil Courts in the State of Karnataka on the appointed
date shall, until they are amended or altered, mutatis mutandis apply to the City Civil
Court.
(11) The local limits of the Jurisdiction of the Court of Small Causes established under
section 3 of the Karnataka Small Causes Courts Act, 1964 (Karnataka Act 11 of 1964)
for the City of Bangalore as defined in the City of Bangalore Municipal Corporation Act,
1949 (Mysore Act LXIX of 1949), shall, as from the appointed date be the limits of the
City of Bangalore as defined in this Act.
20. Repeal of Karnataka Ordinance No. 8 of 1979.- (1) The Bangalore City Civil
Court Ordinance, 1979 (Karnataka Ordinance No 8 of 1979) is hereby repealed.
(2) Notwithstanding such repeal any action taken, or any appointment, notification,
order, scheme, rules, form or bye-law made or issued under the said Ordnance shall be
deemed to have been taken, made or issued under this Act and any reference therein to
the said Ordinance shall be deemed to be a reference to this Act and shall continue in
force accordingly unless and until superseded by any action taken or any appointment,
notification, order, scheme, rule, form or bye-law made or issued under this Act.
*****
NOTIFICATION
Bangalore, dated 10th November, 1980. [No. LAW 247 LCE 80.]
In exercise of the powers confer red by sub-section (2) of secti on 1 of the Bangalore City Civil
Court Act, 1979 (Karnataka Act 13 of 1980), the Government of Karnataka hereby appoints the
seventeenth day of November, 1980 for the purpose of the said sub-section.
By Order and in the name of the Governor of Karnataka ,
B. N AGESHA RAO,
Deputy Secretary to Government,
Department of Law and Parliamentary Affairs.
(Administration)
(Published in Karnataka Gazette Extraordinary dated 10th November, 1980 as No. 810.)
*****
13
The Bangalore City Civil Court Act, 1979 has been amended by the following
Acts, namely.-
Amendments (Chronological)
Sl.
No.
Act No.
and Year
Sections Amended Remarks
1 13 of 1980 - All the Sections of the Act
except section 1 and 17
Section 1 from 31.8.1979
Sec.17(2A) from 8.4.1980
Other sections from 10.11.1980
and Others
from 17.11.1980
2 23 of 1980 1, 2, 4, 7, 12(2), 15(9),
17(2A)(3), 19(2),(6),(a),(b), (7),
(8), (9A)
w.e.f. 25.7.1980
3 11 of 1981 11(2) w.e.f. 4.4.1981
4 26 of 1985 11(3), (3A), (3B), (3C) w.e.f. 29.4.1985
Amendments (Section-wise)
Sections No and Year of the Act Remarks
1 23 of 1980 w.e.f. 31.8.1979
2 23 of 1980 w.e.f. 25.7.1980
4 23 of 1980 w.e.f. 25.7.1980
7 23 of 1980 w.e.f. 25.7.1980
11(2) 11 of 1981 w.e.f. 4.4.1981
11(3), (3A), (3B), (3C) 26 of 1985 w.e.f. 29.4.1985
12(2) 23 of 1980 w.e.f. 25.7.1980
15(a) 23 of 1980 w.e.f. 25.7.1980
17(2A)(3) 23 of 1980 w.e.f. 25.7.1980
19(2)(6)(a)(b)(7)(8)(9A) 23 of 1980 w.e.f. 25.7.1980