section 3
Amendment of sub-section (3) of section 15 :
The Arunachal Pradesh Civil Courts (Amendment) Act, 2022Civil20225 sections
Statutory text
- (i) In the principal Act, in sub-section (3) of section 15, after the words, Court of Civil Judge (Senior
Division) of the district appearing in the last part of the sentence, the words, "and in case the Court of Civil Judge (Senior Division) has not been established in the district, to the Court ofAdditional District Judge or the District Judge, as the case may be" shall be added.
- (if) In the second proviso of sub-section (3) of section 15, for the existing entries, the following shall be substituted,- Provided further that,in case the Deputy Commissioners could not dispose of the pending appeals in their Court(s) within one year from the date ofcommencement of the Arunachal Pradesh Civil Courts Act, 2021 (Act No. 4 of 2021), they shall transfer such pending appeal cases to the Courts of Civil Judge Junior Division, the courtsof Civil Judge Senior Division, the Courts ofAdditional District Judge or the Courts of District Judge, as the case may be, as per their territorial and pecuniary jurisdiction. 2 The Arunachal Pradesh Extraordinary Gazette, November 15,2022 Provided also that,in case an appeal is transferred by the Deputy Commissioners or preferred against the judgement of the Customary Court(s) in the Courts of Civil Judge Junior Division, the courts of Civil Judge Senior Division, the Courts ofAdditional District Judge or the Courts of District Judge, as the case may be, such appeal shall not be set aside merely on technical ground or procedural lapses but in the interest of justice shall be disposed of as may be deemed appropriate or proceed with the case de novo. Provided further aiso that, where the Deputy Commissioners has already transferred pending appeals of pending civil suits to the Courts ofAdditional District Judge or the Courts of District Judge in terms ofthe second proviso of sub-section (3) of section 15 of the Arunachal Pradesh Civil Courts Act, 2021 (Act No. 4 of 2021), the Courts ofAdditional District Judge or the Courts of District Judge, as the case may be, may further transfer the appeal to the Courts of Civil Judge Junior Division, the courts of Civil Judge Senior Division as per their territorial and pecuniary jurisdiction for their disposal.
- (iii) After the fourth proviso to sub-section (3) of section 15, the following sub-section shall be inserted,-
- (4) Anappeal from the village Authority, if agreed to by the parties, shall lie before the inter-village territorial Customary Court or Apex Customary Court, by whatever name called, which shall settle the case as per the local traditional customary laws under the provisions of section 40 of the Assam Frontier (Administration of Justice) Regulation, 1945. Provided that, an appeal against the order of the inter-viliage territorial court or Apex Customary Court shall lie before the Courts of Civil Judge Junior Division, the Courts of Civil Judge Senior Division, the Courts of Additional District Judge or the Courts of District Judge, as the case may be, as per their territorial and pecuniary jurisdiction. Provided further that, the courts of Civil Judge Junior Division, the Courts of Civil Judge Senior Division, the Courts of Additional District Judge or the Courts of District Judge, as the case may be, shall not set aside an appeal so filed merely on technical ground or procedural lapses but in the interest of justice shall dispose of the same as may be deemed appropriate or proceed with the case de novo.
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