BAACC Act 25अध्याय IV · Special Jurisdiction
धारा 25 · Power to invest Subordinate Judges and Munsifs with Small Cause Court jurisdiction
अक्षर आकार — स्तर 1, कुल 4 में से
1[25. Power to invest Subordinate Judges and Munsifs with Small Cause Court
Jurisdiction.--The State Government may, by notification in the Official Gazette, confer, within
such local limits as it thinks fit, upon any Subordinate Judge or Munsif the jurisdiction of a
Judge of a Court of Small Causes under the Provinicial Small Cause Courts Act, 1887
(9 of 1887) for the trial of suits, cognizable by such Courts, up to such value not exceeding five
hundred2
rupees in the case of a Subordinate Judge or 3[two hundred and fifty4 rupees] in the case
of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred:
4[Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.]
STATE AMENDMENT
Assam
Amendment of section 25.-- In section 25 of the said Act, for the words "five hundred rupees", the words dbqrsseven hundred and fifty rupees" and for the words "two hundred and fifty rupees", the words "three hundred rupees" shall be substituted.
[Vide Assam Act 6 of 1935, s. 7]
Uttar Pradesh
Amendment of section 25.--For section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887 the following section shall be substituted, namely:--
"25. The State Government may, by notification in the Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Causes Courts Act, 1887, for the trial of suits cognizable by such Coutts, upto such value not exceeding one thousand rupees in the case of a Civil Judge or five hundred rupee in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred:
Provided that the State Government may, by notification in the Gazette delegate to the High Court its powers under the section."
[Vide Uttar Pradesh Act 14 of 1970, s. 5]
Amendment of section 25 of Act XII of 1887--Section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887, as amended in its application to Uttar Pradesh shall be re-numbered as sub-section (1) thereof, and--
(i) in sub-section (1), as so re-numbered, for the existing proviso, the following proviso shall be substituted, namely :--
"Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the references in this sub-section to one thousand rupees and five hundred rupees shall be construed respectively as references to five thousand rupees and one thousand rupees.";
(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :---
"(2) The State Government may by notification in the official Gazette, confer upon any District Judge or Additional District Judge he jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887, for the trial of all suits (irrespective of their value), by the lesser for the eviction of a lessee from a building after the determination of his lease, or for the recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease or of compensation for the use and occupation thereof after such determination of lease, and may withdraw any jurisdiction so conferred.
Explanation.--- For the purposes of this sub-section, the expression "building" has the same meaning as in Article (4) in the Second Schedule to the said Act.
(3) The State Government may by notification in the official Gazette delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 37 of 1972, s. 5]
Amendment of section 25 --In section 25 of the principal Act, in sub-section (1) as amended from time to time in its application to Uttar Pradesh,-
(a) for the words "one thousand rupees" and "five hundred rupees" the words "two thousand rupees" and "one thousand rupees" shall respectively he substituted;
(b) for the proviso, as substituted by the Uttar Pradesh Civil Laws Amendment Act, 1972, the following proviso shall be substituted, namely :-
"Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the reference in this sub-section to two thousand rupees and one thousand rupees shall be construed respectively as references to five thousand rupees and two thousand rupees."
[Vide Uttar Pradesh Act 57 of 1976, s. 28]
Amendment of section 25--.In section 25 of the principal Act,-
(a) for sub-sections (1) the following sub-sections shall be substituted, namely :---
"(1) The High Court may by notification in the official Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif 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 five thousand rupees as it thinks fit and may withdraw any jurisdiction so conferred :"
Provided that in relation to suits of the nature referred to in the proviso to sub-section (2) of section 15 of the said Act, the reference in this sub-section to five thousand rupees shall be construed as reference to twenty five thousand rupees.;"
(b) in sub-section (2), for the words State Government the word High Court shall be substituted ;
(c) sub-section (3) shall be omitted.
[Vide Uttar Pradesh Act 17 of 1991, s. 5]
Uttar Pradesh
Section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887, as amended in its application to Uttar Pradesh shall be re-numbered as sub-section (1) thereof, and--
"Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the references in this sub-section to one thousand rupees and five hundred rupees shall be constructed respectively as references to five thousand rupees and one thousand rupees."
(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :--
"(2) The State Government may by notification in the official Gazette confer upon any District Judge or Additional District Judge the jurisdiction of a Judge of a Court Act, 1887, for the trial of all suits (irrespective of their value), by the lessor for the eviction of a lessee from a building after the determination of his lease, or for the recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease or of compensation for the use and occupation thereof after such determination of lease, and may withdraw any jurisdiction so conferred.
Explanation--For the purpose of this sub-section, the expression building has the same meaning as in Article (4) in the Second Schedule to the said Act.
(3) The State Government may by notification in the official Gazette delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 37 of 1972, s. 5]
Bihar
Amendment of Section 25 of Act XII of 1887. -- In Section 25 of the said Act, for the words "five hundred rupees", the words "seven hundred and fifty rupees" and for the words "two hundred and fifty rupees", the words "three hundred rupees" shall be substituted.
[Vide Bihar Act 12 of 1960, s. 6]
4[Provided that the State Government may, by notification in the Official Gazette, delegate to the High Court its powers under this section.]
STATE AMENDMENT
Assam
Amendment of section 25.-- In section 25 of the said Act, for the words "five hundred rupees", the words dbqrsseven hundred and fifty rupees" and for the words "two hundred and fifty rupees", the words "three hundred rupees" shall be substituted.
[Vide Assam Act 6 of 1935, s. 7]
Uttar Pradesh
Amendment of section 25.--For section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887 the following section shall be substituted, namely:--
"25. The State Government may, by notification in the Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Causes Courts Act, 1887, for the trial of suits cognizable by such Coutts, upto such value not exceeding one thousand rupees in the case of a Civil Judge or five hundred rupee in the case of a Munsif as it thinks fit, and may withdraw any jurisdiction so conferred:
Provided that the State Government may, by notification in the Gazette delegate to the High Court its powers under the section."
[Vide Uttar Pradesh Act 14 of 1970, s. 5]
Amendment of section 25 of Act XII of 1887--Section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887, as amended in its application to Uttar Pradesh shall be re-numbered as sub-section (1) thereof, and--
(i) in sub-section (1), as so re-numbered, for the existing proviso, the following proviso shall be substituted, namely :--
"Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the references in this sub-section to one thousand rupees and five hundred rupees shall be construed respectively as references to five thousand rupees and one thousand rupees.";
(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :---
"(2) The State Government may by notification in the official Gazette, confer upon any District Judge or Additional District Judge he jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887, for the trial of all suits (irrespective of their value), by the lesser for the eviction of a lessee from a building after the determination of his lease, or for the recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease or of compensation for the use and occupation thereof after such determination of lease, and may withdraw any jurisdiction so conferred.
Explanation.--- For the purposes of this sub-section, the expression "building" has the same meaning as in Article (4) in the Second Schedule to the said Act.
(3) The State Government may by notification in the official Gazette delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 37 of 1972, s. 5]
Amendment of section 25 --In section 25 of the principal Act, in sub-section (1) as amended from time to time in its application to Uttar Pradesh,-
(a) for the words "one thousand rupees" and "five hundred rupees" the words "two thousand rupees" and "one thousand rupees" shall respectively he substituted;
(b) for the proviso, as substituted by the Uttar Pradesh Civil Laws Amendment Act, 1972, the following proviso shall be substituted, namely :-
"Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the reference in this sub-section to two thousand rupees and one thousand rupees shall be construed respectively as references to five thousand rupees and two thousand rupees."
[Vide Uttar Pradesh Act 57 of 1976, s. 28]
Amendment of section 25--.In section 25 of the principal Act,-
(a) for sub-sections (1) the following sub-sections shall be substituted, namely :---
"(1) The High Court may by notification in the official Gazette, confer within such local limits as it thinks fit, upon any Civil Judge or Munsif 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 five thousand rupees as it thinks fit and may withdraw any jurisdiction so conferred :"
Provided that in relation to suits of the nature referred to in the proviso to sub-section (2) of section 15 of the said Act, the reference in this sub-section to five thousand rupees shall be construed as reference to twenty five thousand rupees.;"
(b) in sub-section (2), for the words State Government the word High Court shall be substituted ;
(c) sub-section (3) shall be omitted.
[Vide Uttar Pradesh Act 17 of 1991, s. 5]
Uttar Pradesh
Section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887, as amended in its application to Uttar Pradesh shall be re-numbered as sub-section (1) thereof, and--
"Provided that in relation to suits of the nature referred to in the proviso to sub-section (3) of section 15 of the said Act the references in this sub-section to one thousand rupees and five hundred rupees shall be constructed respectively as references to five thousand rupees and one thousand rupees."
(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :--
"(2) The State Government may by notification in the official Gazette confer upon any District Judge or Additional District Judge the jurisdiction of a Judge of a Court Act, 1887, for the trial of all suits (irrespective of their value), by the lessor for the eviction of a lessee from a building after the determination of his lease, or for the recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease or of compensation for the use and occupation thereof after such determination of lease, and may withdraw any jurisdiction so conferred.
Explanation--For the purpose of this sub-section, the expression building has the same meaning as in Article (4) in the Second Schedule to the said Act.
(3) The State Government may by notification in the official Gazette delegate to the High Court its powers under this section."
[Vide Uttar Pradesh Act 37 of 1972, s. 5]
Bihar
Amendment of Section 25 of Act XII of 1887. -- In Section 25 of the said Act, for the words "five hundred rupees", the words "seven hundred and fifty rupees" and for the words "two hundred and fifty rupees", the words "three hundred rupees" shall be substituted.
[Vide Bihar Act 12 of 1960, s. 6]
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