Bare ActsThe KARNATAKA CIVIL COURTS ACT, 1964

Section 30B

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Construction of references to Civil Judge, Court of Civil Judge or Civil Judges Court or Court of Civil Judge (Senior Division), Munsiff and Munsiff’s Court, Civil Judge (Junior Division) and Court of Civil Judge (Junior Division) in any judgment and decree etc., SCHEDULE * * * * STATEMENTS OF OBJECTS AND REASONS I Act 21 of 1964.—There are at present five different enactments in force in the five Areas of the Mysore State to regulate the constitution, powers and jurisdiction of civil courts. It is proposed to have a uniform law on the subject. Hence this Bill. The following are the salient features of the Bill, namely:— (1) provision for three classes of Civil Courts subordinate to the High Court, namely:— (i) the Court of the District Judge called the District Court; 3 (ii) the Court of the Civil Judge; and (iii) the Court of the Munsiff; (2) provision for the establishment of a District Court for each district or more than one district and for treating the City of Bangalore as a district; (3) provision for the establishment of a Court of a Civil Judge for each district; or for part of a district or for more than one district; (4) provision for fixing and varying by the High Court with the approval of the State Government, the number of Civil Judges and Munsiffs to be appointed to the Court of a Civil Judge or Munsiff’s Court; (5) provision empowering the State Government to fix the locality of courts in consultation with the High Court; (6) provision for treating the Courts of Civil Judges (Senior Division) in the Bombay Area, the Courts of Civil Judges in the Mysore Area; and the Courts of Subordinate Judges, as Courts of Civil Judges; and for treating the Courts of Civil Judges (Junior Division) in the Bombay Area, the Courts of District Munsifs in the Madras Area and the Courts of Munsiffs in the other Areas, as Munsiffs’ Courts; (7) conferment of unlimited pecuniary jurisdiction on the Court of a Civil Judge in respect of all original suits and proceedings of a civil nature; (8) provision for conferment of jurisdiction on the Munsiff’s Court in respect of all suits and proceedings of a civil nature of which the amount or value of the subject matter does not exceed five thousand rupees and on the recommendation of the High Court, the jurisdiction of any Munsiff’s Court may be extended by the State Government to all original suits and proceedings of a civil nature, the value of the subject matter of which does not exceed ten thousand rupees; (9) provision for appeals from decrees and orders passed by a Munsiff to the District Court; and transfer by the District Judge to the Court of the Civil Judge within this jurisdiction of appeals the value of the subject matter of which does not exceed five thousand rupees; (10) provision empowering the High Court to invest any Judge of a Court of Small Causes with powers to hear appeals from such decrees and orders of Munsiffs’ Courts as may be referred by the District Judge; (11) provision empowering the High Court to invest the Court of a Civil Judge and the Court of a Munsiff with small cause powers, not exceeding two thousand rupees in the case of a Court of a Civil Judge and not exceeding five hundred rupees in the case of a Court of a Munsiff. (Published in the Karnataka Gazette (Extraordinary) Pare IV—2-A, dated 7th June 1962 at page. 154–155). 4 II Act 11 of 1965.—Representations have been received from the Bar Associations in the Bombay Area requesting amendment of the Mysore Civil Courts Act, 1964, to provide for transfer of appeals from decrees passed by Civil Judges (Junior Division) pending before District Courts to the Courts of Civil Judges. The High Court has also suggested amendment of the Act for the purpose. Hence this Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 27th March 1965, as No. 69 at page. 3.) III Act 81 of 1976.—According to the Civil Courts Act, 1964, appeals from decisions of Munsiffs lie to the Courts of Civil Judges. The Civil Judges are invested in addition, with unlimited jurisdiction in civil matters of the value exceeding Rs. 10,000. They are also invested with trial of cases under the Land Acquisition Act and the Hindu Marriage Act. Consequently, there is heavy pendency in these courts. In order that the pendency of the said appeals in reduced, and also in order that sufficient work is provided to such of the District Courts, which (in some Districts) have not much work, it is proposed to amend the Act and provide that appeals from decision of Munsiffs where the value of the subject matter is more than five thousand rupees shall lie to the District Courts. Small cause jurisdiction of Small Causes Judges has recently been enhanced to Rs. 3,000. It is proposed to enhance similar jurisdiction of Civil Judges invested with small cause powers also to Rs. 3,000. Courts of Civil Judges are generally located in district headquarters. It causes hardship to the litigant public to approach these courts to obtain succession certificate until the Indian Succession Act for small sums of money. In order to obviate this, it is proposed to empower the High Court to invest Civil Judges, Munsiffs with this powers. To overcome certain working difficulties experienced of making in charge arrangements during the temperate absence of officers, and during summer vacation, amendments are proposed to sections 25, 26 and 28. It is also proposed to repeal the provisions relating to village courts and nyaya panchayats under the Madras Village Courts Act, 1888, the Mysore Village Courts Act, 1913 and the Bombay Village Panchayat Act,

Section 30B – The KARNATAKA CIVIL COURTS ACT, 1964 | DailyLaw.ai