Presidency Small Cause Courts Act, 1882

Bare Act · 1882

An Act to consolidate and amend the law relating to the Courts of Small Causes established in the Presidency towns. Preamble.--.

Act number: 15 of 1882
Enacted: 17 March 1882
Contents: 104 sections

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Section 1 – Short title
Section 2 – [Repealed.]
Section 3 – [Repealed.]
Section 4 – “Small Cause Court” and “Registrar” defined
Section 5 – Courts of Small Causes established
Section 6 – Court to be deemed under superintendence, etc., of High Court (preview)
Section 7 – Appointment of Judges (preview)
Section 8 – Rank and precedence of Judges (preview)
Section 8A – Performance of duties of absent Judge (preview)
Section 9 – Procedure and practice of Small Cause Court (preview)
Section 10 – Chief Judge to distribute business of Court (preview)
Section 11 – Procedure in case of difference of opinion (preview)
Section 12 – Seal to be used (preview)
Section 13 – Appointment of Registrar and other officers (preview)
Section 14 – Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees (preview)
Section 15 – Judge or other officer not to practise or trade (preview)
Section 16 – Questions arising in suits, etc., under Act to he decided according to law administered by High Court (preview)
Section 17 – Local limits of jurisdiction of Court (preview)
Section 18 – Suits in which Court has jurisdiction (preview)
Section 18A – Plaintiff may abandon suit against defendant resident out of jurisdiction (preview)
Section 19 – Suits in which Court has no jurisdiction (preview)
Section 19A – Return of plaint (preview)
Section 20 – Court may by consent try suits beyond pecuniary limits of jurisdiction (preview)
Section 21 – Suits by and against officers of Court (preview)
Section 22 – Costs when plaintiff sues in High Court in other cases cognizable by Small Cause Court (preview)
Section 23 – Repealed (preview)
Section 24 – No written statement except in cases of set-off (preview)
Section 25 – Return of documents admitted in evidence (preview)
Section 26 – Compensation payable by plaintiff to defendant in certain cases (preview)
Section 27 – Decree-holder to accompany officer executing warrant (preview)
Section 28 – Things attached to immovable property and removable by tenant to be deemed movable in execution (preview)
Section 29 – Discharge of judgment-debtor on sufficient security (preview)
Section 30 – Court may in certain cases suspend execution of decree (preview)
Section 31 – Execution of decree of Small Cause Court by other Courts (preview)
Section 32 – Minors may sue in certain cases as if of full age (preview)
Section 33 – Power to delegate non-judicial duties (preview)
Section 34 – Registrar to hear and determine suits like a Judge (preview)
Section 35 – Registrar may execute all decrees with the same powers as a Judge (preview)
Section 36 – Decrees and orders of Registrar to be subject to new trial as if made by a Judge (preview)
Section 37 – General finality of decrees and orders of Small Cause Court (preview)
Section 38 – New trial of contested cases (preview)
Section 39 – Removal of certain causes into High Court (preview)
Section 40 – Rules with respect to suits removed under the last foregoing section (preview)
Section 41 – Summons against person occupying property without leave (preview)
Section 42 – Service of summons (preview)
Section 43 – Order for possession (preview)
Section 44 – Such order to justify bailiff entering on property and giving possession (preview)
Section 45 – Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings (preview)
Section 46 – Liability of applicant obtaining order when not entitled (preview)
Section 47 – Stay of proceedings on occupant giving security to bring suit against applicant (preview)
Section 48 – Proceedings to be regulated by Code of Civil Procedure (preview)
Section 49 – Recovery of possession no bar to suit to try title (preview)
Section 50 – Local extent of Chapter (preview)
Section 51 – Appointment of bailiffs and appraisers (preview)
Section 52 – Appointees to be public servants (preview)
Section 53 – Application for distress-warrant (preview)
Section 54 – Issue of distress-warrant (preview)
Section 55 – Time for distress (preview)
Section 56 – What places bailiff may force open (preview)
Section 57 – Property which may be seized (preview)
Section 58 – Impounding distress (preview)
Section 59 – Inventory (preview)
Section 60 – Application to discharge or suspend warrant (preview)
Section 61 – Claim to goods distrained made by a stranger (preview)
Section 62 – Power to award compensation to debtor or claimant (preview)
Section 63 – Power to transfer to High Court cases involving more than one thousand rupees (preview)
Section 64 – Appraisement (preview)
Section 65 – Sale (preview)
Section 66 – Costs of distresses (preview)
Section 67 – Account of costs and proceeds (preview)
Section 68 – Bar of distresses except under this Chapter (preview)
Section 69 – Reference when compulsory (preview)
Section 70 – Security to be furnished on such reference by party against whom contingent judgment given (preview)
Section 71 – Institution-fee (preview)
Section 72 – Fees for processes (preview)
Section 73 – Repayment of half-fees on settlement before hearing (preview)
Section 74 – Fees and costs of poor persons (preview)
Section 75 – Power to vary fees (preview)
Section 76 – Expense of employing legal practitioners (preview)
Section 77 – Sections 3, 5 and 25 of Court-fees Act, 1870, saved (preview)
Section 78 – [Repealed.] (preview)
Section 79 – Default of bailiff or other officer in execution of order or warrant (preview)
Section 80 – Extortion or default of officers (preview)
Section 81 – Court empowered to summon witnesses, etc (preview)
Section 82 – Enforcement of order (preview)
Section 83 – [Repealed.] (preview)
Section 84 – [Repealed.] (preview)
Section 85 – [Repealed.] (preview)
Section 86 – [Repealed.] (preview)
Section 87 – Imprisonment or committal of person refusing to answer or produce document (preview)
Section 87A – Adjudication of penalties (preview)
Section 87B – Appeal (preview)
Section 87C – Amount of penalty (preview)
Section 88 – Appeal from orders under section 87 (preview)
Section 89 – Persons by whom process may be served (preview)
Section 90 – Registers and returns (preview)
Section 91 – Court to furnish records, etc., called for by State Government or High Court (preview)
Section 92 – Holidays and vacations (preview)
Section 93 – Certain persons exempt from arrest by Court (preview)
Section 94 – No suit to lie upon decree of Court (preview)
Section 95 – Place of imprisonment (preview)
Section 96 – Tender in suit for anything done under Act (preview)
Section 97 – Limitation of prosecutions (preview)
Section 98 – Power of the High Court to make rules (preview)

Contents