The Bengal, Agra and Assam Civil Courts (Jharkhand Amendment) Act, 2018
Chapter IV Chapter IV
Chapter IV Chapter IV
22. Power to transfer to Civil Judge (Senior Division), appeals from Civil Judge (Junior Division)s.
(1) A Principal District Judge may transfer to any Civil Judge (Senior Division) Under his administrative control any appeals pending before him from the decrees or orders of Civil Judge (Junior Division)s. (2) The Principal district Judge may withdraw any appeal so transferred and either hear and dispose of it himself or transfer it to a Court under his administrative control competent to dispose of it. (3) Appeals transferred under this section shall be disposed of subject to the rules applicable to like appeals when disposed of by the Principal District Judge.
Chapter IV Chapter IV
23. Exercise by Subordinate Judge or Civil Judge (Junior Division) of jurisdiction of District Court in certain proceedings.
Exercise by Subordinate Judge or Civil Judge (Junior Division) of jurisdiction of District Court in certain proceedings. (a) Proceedings under Bengal Regulation 5, 1799 (to limit the interference of the Zila and City Courts of Diwani Adalat in the Execution of wills and administrations to the estates of persons dying intestate). (b) [ Repealed]. (c) [ Repealed] (d) Proceedings under the Indian Succession Act, 1925 which cannot be disposed of by District Delegates; and (e) [ Repealed]. (3) The Principal District Judge may withdraw any such proceeding taken cognizance of by, or transferred to, a Civil Judge (Senior Division) or Civil Judge (Junior Division), and may either himself dispose of them or transfer them to a Court under his administrative control competent to dispose of them.
Chapter IV Chapter IV
24. Disposal of proceedings referred to in last foregoing section.
(1) Proceedings taken cognizance of by, or transferred to a Civil Judge (Senior Division) or Civil Judge (Junior Division), as the case may be, under the last foregoing section shall be disposed of by him subject to the rules applicable to like proceedings when disposed of by the Principal District Judge: Provided that an appeal from an order of a Civil Judge (Junior Division) in any such proceedings shall lie to the Principal District Judge: (2) An appeal from the order of the Principal District Judge on the appeal from the order of the Civil Judge (Junior Division) under this section shall lie to the High Court if a further appeal from the order of the Principal District Judge is allowed by the law for the time being in force.
Chapter IV Chapter IV
25. Power to invest Civil Judge (Senior Division) and Civil Judge (Junior Division) with Small Causes Court jurisdiction.
The ( State) Government may, by notification in the official Gazette, confer, within such local limits as it thinks fit, upon any Civil Judge (Senior Division) or Civil Judge (Junior Division) 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 (one thousand and five hundred rupees) in the case of a Civil Judge (Senior Division) or (one thousand rupees) in the case of a Civil Judge (Junior Division) as it thinks fit, and may withdraw any jurisdiction so conferred; Provided that the ( State) Government may by notification in the official Gazette delegate to the High Court its powers under this section.
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