The Ahmedabad City Courts Act, 1961
Chapter II CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF
Chapter II CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF
3. Constitution of City Court
The State Government may, by notification in the Official Gazette, establish for the City of Ahmedabad a Court, to be called the Ahmedabad City Civil Court. Notwithstanding anything contained in any law, such Court shall have jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature and arising within the City of Ahmedabad, except suits or proceedings which are cognizable by the High Court and Small Cause Court.
Chapter II CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF
4. Subordination to and superintendence by High Court
The City Court shall be deemed to be a Court subordinate to and subject to the superintendence of the High Court within the meaning of the Code of Civil Procedure, 1908.
Chapter II CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF
5. Appointment of Judges
The State Government may, by notification in the Official Gazette, appoint as many persons as it thinks fit to be Judges of the City Court.
Chapter II CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF
6. Powers of Judges when City Court consists of more than one Judge
When the City Court consists of more than one Judge - (a) each of the Judges may exercise all or any of the powers conferred on the Court by this Act or any other law for the time being in force; (b) the State Government may appoint any one of the Judges to be the Principal Judge; (c) the Principal Judge may from time to time make arrangements as he may think fit for the distribution of the business of the Court among the various Judges thereof.
Chapter II CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF
6A. Arrangement as to holding charge of office of Principal Judge during vacancy
(1) In the event of the office of the Principal Judge falling or remaining vacant from any cause or in the event of his being prevented from performing his duties due to illness or other cause, the first in rank of the other Judges of the City Court shall, without interruption to his own duties, assume charge of the office of the Principal Judge and while so in charge shall perform all the duties and exercise all the powers of the Principal Judge under this Act or any ether law for the time being in force. (2) The Judge so assuming charge shall continue in such charge until the office of the Principal Judge may be resumed or assumed by an officer duly appointed thereto.
Chapter II CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF
7. Registrar
(1) The State Government may appoint an officer to be the Registrar of the City Court. He shall be the chief ministerial officer of the Court; and shall exercise such powers, discharge such duties of a ministerial nature as the Judge of the City Court, or when the Court consists of more than one Judge, the Principal Judge may, from time to time, by rules, direct. (2) The State Government may, with the previous approval of the High Court, invest the Registrar with any powers of the Judge of the City Court other than powers of trying suits and proceedings.
Chapter II CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF
8. Questions arising in suits, etc. under Act to be dealt with according to law administered by District Court
Save as otherwise provided in this Act and subject to such rules as the High Court may make for the City Court under article 227 of the Constitution or section 122 of the Code of Civil Procedure, 1908 all questions which arise in suits or other proceedings under this Act in the City Court shall be dealt with and determined according to the law for the time being administered by a District Court.
Chapter II CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF
9. Appeals and limitation
(1) An appeal shall lie to the High Court from— (a) every decree passed by any Judge of the City Court, and (b) such orders passed by such Judge as are specified in, and to the extent provided by section 104 of the Code of Civil Procedure, 1908. (2) The period of limitation for an appeal from a decree or order of the City Court shall be thirty days from the date of such decree or order and the provisions of the Indian Limitation Act, 1908, shall apply as if the said period had been specified by an entry in the first schedule to that Act. (3) Nothing in the foregoing provisions of this section shall apply to a decree or order passed by the City Court in an appeal or revision application under section 20.
Chapter II CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF
10. Seal of City Court
The City Court shall use a seal of such form and dimensions as may be for the time being prescribed by the State Government.
Chapter II CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF
11. Holidays and vacation
(1) The Judge of the City Court or when the Court consists of more than one Judge the Principal Judge, shall, at the commencement of each year, draw up a list of holidays and vacations to be observed in the Court, and shall submit the same for approval of the High Court. (2) Such list, when it has received such approval, shall be published in the Official Gazette, and the said holidays and vacation shall be observed accordingly. (3) The Judge specified in sub-section (1) may, with the approval of the High Court, make any change in the days to be so observed as holidays or vacation, if at any time after the publication of such list, circumstances render it necessary for him to do so and such change shall be published in the Official Gazette.
Chapter II CONSTITUTION OF CITY CIVIL COURT FOR THE CITY OF
12. Construction of references to District Court and District Judge in laws operating in City of Ahmedabad
Except where the context otherwise requires, any reference to a principal Civil Court of original Jurisdiction, District Court or a District Judge in any law for the time being in force, relating to any matters specified in List II or List III of the Seventh Schedule to the Constitution shall in the case of the operation of that law within the limits of the City of Ahmedabad, be construed as a reference to the Ahmedabad City Civil Court or the Judge of that Court, or when that Court consists of more than one Judge the Principal Judge of that Court, as the case may be, and such law shall have effect accordingly.
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