11 July 2010

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Part 23 – Indian Legal History – Small Causes Court and City Civil Court

Part 23 – Indian Legal History – Small Causes Court and City Civil Court -
Reality Views by sm –
Sunday, July 11, 2010

Provincial small cause courts –

In 1753 Courts of Requests were created in the three Presidency towns.
In 1850 Legislature abolished the courts of requests and established courts of small causes in their place.



These courts are the courts of minor jurisdiction and provide quick justice in cases of small monetary value.
These courts were constituted by the Provincial small cause’s courts act, XLII of 1860 which was amended by act of XI of 1865.
Again this act was replaced by new legislation, act IX of 1887.

The act gives power to state government to establish courts of small causes and these courts can take cognizance of civil suits up to a value of 500 rupees but state government may extend their jurisdiction to one thousand rupees.
Following types of cases are excluded from the purview of these courts.
• Suits regarding government acts
• Possession of immoveable property etc

A suit cognizable by a court of small causes is not to be tried by any other court.
The decision of small cause courts are final but the High Court exercises a power of revision.
A court of small causes is subject to the administrative control of the district court and to the superintendence of the High Court.
Advantage of small cause court is that speedy justice in petty litigation.
These courts follow summary procedure.
If civil judge is given this type of work, it loses all the merits and in small cases also people do not get the speedy justice.

A civil court was established in the Madras under the Madras city civil court act, VII of 1892.
In 1955 the state government took power under the act to extend its jurisdiction up to rupees 50,000.
These courts try civil cases only and appeals from it lie to the High court.
Bombay city civil court act, 1948 was passed by the Bombay legislature which created civil court just like Madras civil court.
The main reason to establish this court is to reduce the workload of High courts.
Calcutta civil court was established in 1957 under legislation passed by the west Bengal Legislature in 1953.

Village Panchayat Courts –
Village Panchayat is very old traditional system of law in Hindu India as well as Muslim India.
Art.40 Directive Principle in the Indian Constitution declares the state shall take steps to organize village panchyats and give them such powers and authority to enable them to function as units of self government.
Every state in India has enacted legislation to regulate the composition, constitution and powers of the village Panchyat.
Punjab Tenancy Act 1887
Punjab Gram Panchyat Act 1952

For me I think India does not need Panchayat system, India needs more educated judges and courts, the number of courts should be increased in India.
Only an educated person, layman, judge can give justice to any person.
Panchayat means it brings the ghost of caste and religion while giving the justice.
Justice should be always given without consideration of caste and religion.

Suggested Reading –

Part 24 – Indian Legal History - Indian High courts act 1861



6 comments:

BK Chowla, July 11, 2010  

sm, thanks. I have fought on e case in Bombay small,causes court.I know what it means.

Neha July 11, 2010  

amazing info as usual..it amuses me each time to know how many layers are there to this..great work SM :)

sm,  July 11, 2010  

BK Chowla,,
thanks

sm,  July 11, 2010  

Neha,
thanks

Bikramjit July 14, 2010  

where do you get this information, hats off to you. I really learn a lot everytime i read a article at your blog. Wonderful keep it up, and a BIG THANKSSSSSSSSSSSSSSSSS

sm,  July 15, 2010  

Bikramjit,,
thanks
I just love to read the books.