The Karnataka Civil Courts Act, 1964
The Karnataka Civil Courts Act, 1964
0. Preamble
THE KARNATAKA CIVIL COURTS ACT, 1964
Chapter I PRELIMINARY
1. Short title, extent and commencement
(1) This Act may be called the Karnataka Civil Courts Act, 1964. (2) It extends to the whole of State of Karnataka except the City of Bangalore. (3) It shall come into force on such date as the State Government may, by notification, appoint.
Chapter I PRELIMINARY
2. Definitions
In this Act, unless the context otherwise requires,— (a) “appointed day” means the date notified under sub-section (3) of section 1; (aa) "City of Bangalore" shall have the meaning assigned to it in the Bangalore City Civil Court Act, 1979; (b) “Civil Court” means a District Court, Court of a Senior Civil Judge or a Court of a Civil Judge; (c) “district” means a revenue district or such local area as may be notified by the State Government to be a district for the purposes of this Act; Explanation.—For the purpose of this clause Bangalore revenue district shall be exclusive of the City of Bangalore. (d) “High Court” means the High Court of the State of Karnataka; (e) “notification” means a notification published in the official Gazette; (f) “prescribed” means prescribed by rules made under this Act.
Chapter II ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS
3. Class and designation of Civil Courts
There shall be three classes of Civil Courts subordinate to the High Court, namely, (1) the District Court; (2) the Court of a Senior Civil Judge; and (3) the Court of a Civil Judge.
Chapter II ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS
4. Establishment of a District Court for a district
(1) There shall be a District Court for each district: Provided that the State Government may, in consultation with the High Court, establish a District Court, for more than one district. (2) Each District Court shall be presided over by a District Judge.
Chapter II ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS
5. Appointment of Additional District Judges
(1) The State Government may, on the recommendation of the High Court, appoint one or more Additional District Judges to a District Court for such period as it may deem necessary. (2) The Additional District Judge so appointed shall, subject to the general or special orders of the High Court, discharge all or any of the functions of the District Judge under this Act, or any other law for the time being in force, which the District Judge may assign to him, and in the discharge of those functions, he shall exercise the same powers as the District Judge.
Chapter II ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS
6. Establishment of Court of a Senior Civil Judge
(1) There shall be a Court of a Senior Civil Judge for each district: Provided that the State Government may, in consultation with the High Court, establish such a Court for part of a district, or for more than one district, as the case may be. (2) Each Court of a Senior Civil Judge shall be presided over by a Senior Civil Judge.
Chapter II ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS
7. Establishment of Court of a Civil Judge
(1) There shall be in each district such number of Court of a Civil Judge as may be fixed by the State Government, in consultation with the High Court. (2) Each Court of a Civil Judge shall be presided over by a Civil Judge.
Chapter II ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS
8. Number of Senior Civil Judges and Court of a Civil Judges to the Court of a Senior Civil Judge or Civil Judge
The State Government, may, in consultation with, the High Court fix and from time to time vary, by notification, the number of Senior Civil Judge to be appointed for the Court of a Senior Civil Judge and the number of Civil Judge to be appointed for a Court of a Civil Judge.
Chapter II ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS
9. Distribution of work when more than one Judge is appointed to a Court
(1) When more than one Senior Civil Judge is appointed to the Court of a Senior Civil Judge, or more than one Civil Judge is appointed to a Court of a Civil Judge, one of the Senior Civil Judge or one of the Civil Judge, shall be appointed as the Principal Senior Civil Judge or the Principal Civil Judge and the others Additional Senior Civil Judges or Additional Civil Judge, as the case may be. (2) Each of the Judges appointed to the Court of a Senior Civil Judge or a Court of a Civil Judge may exercise all or any of the powers conferred on such Court by this Act or any other law for the time being in force. (3) Subject to the general or special orders of the District Judge, the Principal Senior Civil Judge or the Principal Civil Judge may, from time to time, make such arrangements as he thinks fit, for the distribution of the business of the Court among the various Senior Civil Judges or Civil Judges thereof.
Chapter II ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS
10. Locality of Courts
(1) The place or places at which every Civil Court under this Act shall be held shall be fixed and may from time to time be altered, by the State Government in consultation with the High Court. (2) The places at which the said Courts are being held immediately prior to the appointed day, shall, until an order is made under sub-section (1), be deemed to be the places fixed under sub-section (1). (3) The places fixed for any Court under this section shall be deemed to be within the local limits of the jurisdiction of that Court.
Chapter II ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS
11. Seal of Courts
Every Civil Court under this Act, shall use a seal which shall bear thereon the Karnataka State Emblem and shall be in such form, of such dimensions and with the name of the Court in such language, as the State Government may, by order, determine: Provided that the seals in use in every such Civil Court immediately prior to the appointed day may continue to be used until an order is made by the State Government under this section.
Chapter II ESTABLISHMENT AND CONSTITUTION OF CIVIL COURTS
12. Existing Courts to be deemed to be Courts established under this Act
(1) The District Courts existing immediately prior to the appointed day shall be deemed to be District Courts established under this Act, until they are reconstituted in accordance with this Act. (2) The following Courts existing in the State immediately prior to the appointed day, namely:— (a) the Courts of Civil Judges (Senior Division) in the Belgaum Area; (b) the Courts of Civil Judges in the Mysore Area, and (c) the Courts of Subordinate Judges, shall be deemed to be Courts of Civil Judges established under this Act. (3) The following Courts existing immediately prior to the appointed day, namely:— (a) the Courts of Civil Judges (Junior Division) in the Belgaum Area, (b) the Courts of Munsiffs in the Mysore Area, the Gulbarga Area and the Coorg District, and (c) the Courts of District Munsiffs in the Mangalore and Kollegal Area, shall be deemed to be Munsiff's Court established under this Act.
Chapter III JURISDICTION
13. Local limits of jurisdiction
(1) The State Government shall, in consultation with the High Court, and subject to the provisions of section 4 and section 6 of this Act, fix and may from time to time vary, by notification, the local limits of the jurisdiction of any District Court or Court of a Senior Civil Judge under this Act. (2) The State Government shall, in consultation with the High Court, fix and may from time to time vary by notification the local limits of jurisdiction of any Court of a Civil Judge under this Act. (3) Until notifications are issued under sub-section (1) or sub-section (2), the existing local limits of jurisdiction of every Civil Court shall be deemed to have been fixed under this Act. (4) Where the local limits of the jurisdiction of any District Court, Court of a Senior Civil Judge or Court of a Civil Judge is varied by a notification issued under sub-section (1) or sub-section (2), the High Court may make such orders as it may consider necessary for the transfer of suits, applications, appeals and other proceedings pending in any such court.
Chapter III JURISDICTION
14. Jurisdiction of District Court
(1) The District Court shall be deemed to be the principal Civil Court of original jurisdiction within the local limits of its jurisdiction. (2) Subject to the provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908), the jurisdiction of a District Court shall extend to all original suits and proceedings of a civil nature.
Chapter III JURISDICTION
15. Control of subordinate courts by District Court
The District Court shall, subject to the general control of the High Court, have control over all other Civil Courts within the local limits of its jurisdiction.
Chapter III JURISDICTION
16. Jurisdiction of Senior Civil Judge
The jurisdiction of the Court of a Senior Civil Judge shall extend to all original suits and proceedings of a civil nature.
Chapter III JURISDICTION
17. Jurisdiction of Court of a Civil Judge
The jurisdiction of a Court of a Civil Judge shall extend to all original suits and proceedings of a civil nature, not otherwise excluded from the Civil Judge jurisdiction, of which the amount or value of the subject-matter does not exceed five lakh rupees
Chapter III JURISDICTION
18. Appeals from District Courts
Appeals from the decrees and orders passed by a District Court in original suits and proceedings of a civil nature shall, when such appeals are allowed by law, lie to the High Court.
Chapter III JURISDICTION
19. Appeals from Senior Civil Judge
Appeals from the decrees and orders passed by a Senior Civil Judge in original suits and proceedings of a civil nature, shall, when such appeals are allowed by law, lie,— (1) to the District Court, when the amount or value of the subject-matter of the original suit or proceeding does not exceed ten lakh rupees; (2) to the High Court, in other cases.
Chapter III JURISDICTION
20. Appeals from Civil Judge
Appeals from the decrees and orders passed by a Civil Judge in original suits and proceedings of a civil nature, shall, when such appeals are allowed by law, lie to the Court of a Senior Civil Judge.
[Alternative / Substituted Version (Not yet brought into force)]: 20. Appeals from Munsiff.- (1) Appeals from the decrees and orders passed by a Munsiff in original suits and proceedings of a civil nature, shall, when such appeals are allowed by law, lie,- (i) to the Court of the Civil Judge, when the amount or value of the subject matter of the original suit or proceedings is not more than five thousand rupees; (ii) to the District Court, in other cases. (2) Not withstanding anything contained in sub-section (1), but subject to the general or special orders of the High Court, the District Court may, at any stage, withdraw any appeal pending before a Court of the Civil Judge subordinate to it and dispose of the same, and in respect of such appeal, the District Court shall, for the purpose of this Act, be deemed to be the competent appellate Court
Chapter III JURISDICTION
21. Appellate jurisdiction of the Judge of Court of Small Causes
The High Court may, by notification, invest any Judge of the Court of Small Causes established under the Karnataka Small Causes Courts Act, 1964, with powers to hear appeals from such decrees and orders of Courts of a Civil Judges as may be referred to him by the District Judge.
Chapter III JURISDICTION
22. Power to invest the court of the Senior Civil Judge with small cause powers
(1) The High Court, may by notification, invest within such limits, as it shall from time to time, determine, the court of a Senior civil Judge with jurisdiction for the trial of suits cognizable by a court of small causes up to two lakhs rupees in Bangalore city and one lakh rupees in other places.
(2) The High Court, may by notification, withdraw or alter, whenever it thinks fit, such jurisdiction of the court of the Senior civil judge so invested.
Chapter III JURISDICTION
23. Power to invest Senior Civil Judge with jurisdiction under certain Acts
(1) The High Court may, by notification, invest any Senior Civil Judge within such local limits and subject to such pecuniary limitation as may be specified in such notification, with all or any of the powers of a District Judge or a District Court, as the case may be, under the following Acts, namely:—
(i) The Indian Divorce Act, 1869 (Central Act 4 of 1869);
(ii) The Guardians and Wards Act, 1890 (Central Act 8 of 1890);
(iii) The Indian Lunacy Act, 1912 (Central Act 4 of 1912);
(iv) x x x
(v) The Special Marriage Act, 1954 (Central Act 43 of 1954).
(2) Every order made by a Senior Civil Judge by virtue of the powers conferred upon him under sub-section (1) shall be subject to appeal,—
(i) to the District Court, when the amount or value of the subject matter is less than twenty thousand rupees;
(ii) to the High Court, in other cases.
(3) Every order of the District Judge passed on appeal under sub-section (2) from the order of a Senior Civil Judge shall be subject to an appeal to the High Court under the rules contained in the Code of Civil Procedure, 1908, applicable to appeals from appellate decrees.
Chapter III JURISDICTION
23A. Investiture of subordinate courts with jurisdiction of District Court under the Indian Succession Act, 1925
(1) The High Court may, by notification, invest any Senior Civil Judge or Civil Judge, within such local limits and subject to such pecuniary and other limitations as may be specified in such notification, with all or any of the powers of a District Judge under the Indian Succession Act, 1925 (Central Act 39 of 1925).
(2) Any Senior Civil Judge or Civil Judge invested with powers under sub-section (1) shall have concurrent jurisdiction with the District Judge in the exercise of the powers conferred by the said Act upon the District Judge, and the provisions of the said Act relating to the District Judge shall apply to such Senior Civil Judge or Civil Judge, as the case may be, as if he were the District Judge:
Provided that every order made by the Senior Civil Judge or the Civil Judge by virtue of the powers conferred upon him under sub-section (1) shall be subject to appeal,—
(i) to the Court of Senior Civil Judge when the order is passed by the Civil Judge;
(ii) to the District Court where the order is passed by a Senior Civil Judge.
(3) Every order passed on appeal under the proviso to sub-section (2) shall be subject to appeal to the High Court under the rules contained in the Code of Civil Procedure, 1908, applicable to appeals from appellate decrees.
Chapter III JURISDICTION
24. Judges not to try suits in which they are interested; nor to try appeals from decrees passed by them in other capacities
(1) No District Judge, Senior Civil Judge or Civil Judge shall try any suit to or in which he is a party or personally interested, or shall adjudicate upon any proceedings connected with or arising out of such suit.
(2) No District Judge, Senior Civil Judge or Judge of the Court of Small Causes shall try any appeal against any decree or order passed by himself in any other capacity.
(3) When any such suit, proceeding or appeal comes before any such Judge or Civil Judge, he shall report the circumstances to the Court to which he is immediately subordinate.
(4) The superior Court shall thereupon dispose of the case in the manner prescribed by section 24 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908).
Chapter IV MISCELLANEOUS
25. Temporary charge of office of District Judge
(1) In the event of the death, suspension, resignation or removal of the District Judge, or of his being incapacitated from performing his duties by illness or otherwise or of his absence on leave or for any other reason from the place in which his Court is held, the Senior Additional District Judge or the Additional District Judge, as the case may be, or if there be no Additional District Judge, the Senior Civil Judge of the Court at that place if there be only one, and if there be more than one, the Principal Senior Civil Judge and if such Principal Senior Civil Judge is absent, the Additional Senior Civil Judge present thereof, shall, without relinquishing his ordinary duties, assume charge of the District Court and shall continue in charge thereof until the same is assumed by the District Judge or by a Judge duly appointed thereto.
(2) While in charge of the District Court, under sub-section (1), the Senior Additional District Judge, the Additional District Judge, the Principal Senior Civil Judge, the Additional Senior Civil Judge or the Senior Civil Judge, as the case may be, shall, subject to the general or special orders of the High Court issued in this behalf, exercise all the powers and perform all the duties of the District Judge.
Chapter IV MISCELLANEOUS
26. Transfer of proceedings on vacation of office by Senior Civil Judge or Civil Judge
(1) In the event of the death, suspension, resignation or removal of a Senior Civil Judge or Civil Judge or of his being incapacitated by illness or otherwise from performing his duties or of his absence on leave or for any other reason from the place at which the court is held, the District Judge may, subject to the general or special orders of the High Court, withdraw any of the proceedings in the court of such Senior Civil Judge or Civil Judge to his own court or transfer them to any other court under his administrative control, competent to dispose them. (2) Proceedings withdrawn or transferred under sub-section (1) shall be disposed of as if they had been instituted in the court to which they had been so withdrawn or transferred. (3) The District Judge may re-transfer to the Court of Senior Civil Judge or Civil Judge any proceedings withdrawn or transferred under sub-section (1) to his own or any other court. (4) For the purpose of proceedings which are not pending in the Court of a Senior Civil Judge or Civil Judge on the occurrence of an event referred to in sub-section (1), and with respect to which that court has exclusive jurisdiction, the District Judge may exercise all or any of the powers and jurisdiction of that Court.
Chapter IV MISCELLANEOUS
27. Power of High Court to make rules
(1) The High Court may, after previous publication, by notification, make rules consistent with this Act and any other law for the time being in force,— (a) prescribing the manner in which the proceedings of each Civil Court shall be kept and recorded; (b) regulating the grant of copies of papers in Civil Courts; (c) regulating the duties and functions of the ministerial officers of Civil Courts; (d) declaring what persons shall be permitted to act as petition-writers in the Civil Courts, and regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them; (e) providing a penalty of such amount not exceeding fifty rupees for breach of any of the rules made under clause (d); (f) determining the authority by which such breaches of the rules shall be investigated and the penalties imposed. (2) Every penalty imposed under a rule made under sub-section (1) shall be recovered as if it were a fine imposed by a Magistrate in the exercise of his ordinary jurisdiction.
Chapter IV MISCELLANEOUS
28. Vacation
(1) The Civil Courts in the State or in any area of the State shall be closed on such days as may be notified by the State Government as public holidays for the whole State or for such area in the State. (2) The Civil Courts shall have three vacations in each year, namely, Summer, Dasara and Winter, and the total number of the said three vacations shall not exceed sixty days and the High Court shall fix the period of each vacation. (3) Notwithstanding anything contained in this Act or in the Code of Civil Procedure, 1908 (Central Act 5 of 1908),— (a) the High Court, may, where there are more than one District Judge in any District Court, designate by notification any one of those District Judges as the Vacation District Judge for the duration of the adjournment of any District Court in any vacation or of any part thereof; (b) where there is only one District Judge in any district, the High Court may, by notification, designate such District Judge or appoint a Senior Civil Judge in the district as the Vacation District Judge or the Vacation Senior Civil Judge, as the case may be, of the District Court thereof for the duration of the adjournment of such District court in any Vacation or of any part thereof. The High Court may regulate, by special or general order, work to be discharged by the Vacation Senior Civil Judge or the vacation District Judge. (4) (a) The local limits of the jurisdiction of the Vacation District Judge or Vacation Senior Civil Judge shall be the same as those of the District Court concerned. (b) The jurisdiction of the Vacation Senior Civil Judge shall extend to all suits, appeals and other proceedings pending in, or cognizable by any Civil Court (whether a District Court, a Court of a Senior Civil Judge or a court of a Civil Judge in the District concerned when such Court is adjourned for any Vacation. (5) The place at which the Court of the Vacation District Judge or the Vacation Senior Civil Judge shall be held, shall be the same as the place at which the District Court concerned may be held. The Vacation District Judge or the Vacation Senior Civil Judge shall have such administrative control over the staff of the several Civil Courts in the District, as the High Court may, by general or special order determine. (6) Notwithstanding the appointment of the Vacation District Judge or the Vacation Senior Civil Judge, every Civil Court in the District shall, during the period it is adjourned for any vacation, be deemed to be closed for the purposes of section 4 of the Limitation Act, 1963 (Central Act 36 of 1963). (7) On the reopening of the District Court, a Court of a Senior Civil Judge or a Court of a Civil Judge after any vacation, all suits, appeals and other proceedings pending in the Court of the Vacation District Judge or Vacation Senior Civil Judge which, but for this section, would have been instituted or pending in such District Court, Court of a Senior Civil Judge or Court of a Civil Judge, as the case may be, shall stand transferred to such District Court, Court of a Senior Civil Judge or Court of Civil Judge, and any decree, order or proceeding passed by the Vacation District Judge or the Vacation Senior Civil Judge shall, after such transfer, be deemed to be a decree, order or proceeding passed by the Court concerned. (8) Notwithstanding the provisions of sub-section (7), any appeal from the decree or order of the Court of the Vacation District Judge or the Vacation Senior Civil Judge shall, when such appeal is allowed by law, lie to the High Court. ...the period it is adjourned for any vacation, be deemed to be closed for the purposes of section 4 of the Limitation Act, 1963 (Central Act 36 of 1963).
(7) On the reopening of the District Court, a Court of a Senior Civil Judge or a Court of a Civil Judge after any vacation, all suits, appeals and other proceedings pending in the Court of the Vacation District Judge or Vacation Senior Civil Judge which, but for this section, would have been instituted or pending in such District Court, Court of a Senior Civil Judge or Court of a Civil Judge, as the case may be, shall stand transferred to such District Court, Court of a Senior Civil Judge or Court of Civil Judge, and any decree, order or proceeding passed by the Vacation District Judge or the Vacation Senior Civil Judge shall, after such transfer, be deemed to be a decree, order or proceeding passed by the Court concerned.
(8) Notwithstanding the provisions of sub-section (7), any appeal from the decree or order of the Court of the Vacation District Judge or the Vacation Senior Civil Judge shall, when such appeal is allowed by law, lie to the High Court.
Chapter IV MISCELLANEOUS
29. Repeal and savings
(1) On and from the appointed day the enactments specified in the Schedule to this Act shall stand repealed:
Provided that such repeal shall not affect the previous operation of the enactments so repealed and anything done or any action taken (including the districts formed, limits defined, Courts established or constituted, appointments, rules or orders made, functions assigned, powers granted, seals or forms prescribed, jurisdictions defined or vested and notifications or notices issued by or under the provisions thereof) shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue in force unless and until superseded by anything done or any action taken under this Act.
(1A) Notwithstanding anything in sub-section (1) or in any other law, any reference in any law or instrument to a Civil Court shall be deemed to be a reference to the corresponding Civil Court deemed to be established under this Act as specified in section 12 or to such Civil Court established under this Act, as the case may be.
(2) Notwithstanding anything in sub-section (1) or any other provision of this Act or in any enactment repealed by sub-section (1) or in any other law or provision having the force of law,—
(a) all suits and proceedings (other than appeals and proceedings connected therewith) pending before any Court which under this Act have to be instituted or commenced in another Court, shall, on the appointed day, stand transferred to such other Court, and shall be continued and disposed of by such other Court in accordance with law as if such suits and proceedings had been instituted or commenced in such other Court;
(b) in respect of suits and proceedings referred to in clause (a),—
(i) of which the amount or value of the subject matter does not exceed ten thousand rupees, no appeal shall lie to the District Court but shall lie to the Civil Judge;
(ii) of which the amount or value of the subject matter exceeds ten thousand rupees but is less than twenty thousand rupees, no appeal shall lie to the High Court but shall lie to the District Court;
(c) appeals and proceedings connected therewith, pending before the High Court which under this Act have to be preferred to a Court of Civil Judge or District Court, shall, save in the cases specified in clause (d), on the appointed day, stand transferred to the Court of the Civil Judge or the District Court, as the case may be, and shall be disposed of by such Court in accordance with law as if such appeals or proceedings had been preferred to such Court of the Civil Judge or the District Court;
(d) appeals and proceedings connected therewith pending before the High Court from the decrees and orders passed by a Subordinate Judge or a Civil Judge in the Mysore Area, or a Subordinate Judge in the Gulbarga Area and Mangalore and Kollegal Area, in original suits and proceedings of a civil nature of which the amount or value of the subject matter is less than twenty thousand rupees, shall stand transferred to the District Court and shall be disposed of by such Court in accordance with law as if such appeals or proceedings had been preferred to such Court;
(e) appeals and proceedings connected therewith pending before a District Court from the decrees or orders passed by a Munsiff in the Gulbarga Area and the Coorg District or a District Munsiff in the Mangalore and Kollegal Area shall, on the appointed day, stand transferred to the Court of the Civil Judge and shall be disposed of by such court in accordance with law as if such appeals or proceedings had been preferred to such Court;
(ee) appeals and proceedings connected therewith pending before a District Court from the decrees and orders passed by a Civil Judge (Junior Division), other than a Joint Civil Judge (Junior Division) appointed or deputed to assist in the Court of a Civil Judge (Senior Division) under section 23 of the Bombay Civil Courts Act, 1869, shall, on the date of commencement of the Karnataka Civil Courts (Amendment) Act, 1965, stand transferred to the Court of the Civil Judge, and shall be disposed of by such Court in accordance with law as if such appeals or proceedings had been preferred to such Court;
(f) in respect of all suits or proceedings disposed of before the appointed day by,—
(i) a Munsiff in the Mysore Area, Gulbarga Area and Coorg District,
(ii) a District Munsif in the Mangalore and Kollegal Area; and
(iii) a Civil Judge (Junior Division) in the Belgaum Area,
no appeal shall lie to the District Court but an appeal shall lie to the Court of the Civil Judge under this Act;
(g) in respect of all suits or proceedings disposed of before the appointed day, by a Subordinate Judge in the Mysore Area, no appeal shall lie to the District Court but an appeal shall lie to the Court of the Civil Judge;
(h) in respect of all suits or proceedings disposed of before the appointed day of which the amount or value of the subject matter does not exceed ten thousand rupees by a Subordinate Judge in the Gulbarga Area or the Mangalore and Kollegal Area, no appeal shall lie to the Court of the Civil Judge but an appeal shall lie to the District Court;
(i) in respect of all suits or proceedings disposed of before the appointed day of which the amount or value exceeds ten thousand rupees but is less than twenty thousand rupees,-
(i) by any Court other than a District Court, no appeal shall lie to the High Court, but an appeal shall lie to the District Court; and
(ii) by a District Court, an appeal shall lie to the High Court;
(j) if in respect of any suit or proceedings disposed of before the appointed day, an appeal lies to the District Court instead of an appeal to the High Court, the period of limitation for preferring the appeal to the District Court shall be the same as for preferring the appeal to the High Court.
(3) If there be any doubt as to which Court any suit, appeal or proceeding shall stand transferred or as to which Court any appeal shall be preferred in accordance with the provisions of sub-section (2) the Court designated by the High Court shall be the Court to which such suit, appeal or proceeding shall be transferred or such appeal shall be preferred, and the decision of the High Court shall be final.
Chapter IV MISCELLANEOUS
30. Substitution of the expression “Civil Judge” and “Munsiff” for other expressions in certain laws in force
In any law or rule, notification or order in force, for the expressions in column (1) below, the expressions in the corresponding entry in column (2) shall be substituted:—
Column (1) | Column (2) Civil Judge (Senior Division) ... Civil Judge. Subordinate Judge ... Civil Judge. Civil Judge (Junior Division) ... Munsiff. District Munsiff ... Munsiff.
Schedule. Schedule
(See section 29). 1. The Bombay Civil Courts Act, 1869 (Act 14 of 1869). 2. The Madras Civil Courts Act, 1873 (Act 3 of 1873). 3. The Mysore Civil Courts Act, 1883 (Act 1 of 1883). 4. The Hyderabad Civil Courts Act, 1954 (Act 36 of 1954). 5. The Coorg Courts Act, 1948 (Coorg Act 2 of 1948). • * * * NOTIFICATIONS I Bangalore, dated 19th May, 1964 [No. HD 51 CAD 64.] S. O. 725.—In exercise of the powers conferred by sub-section (3) of section 1 of the Mysore Civil Courts Act, 1964 (Mysore Act 21 of 1964) the Government of Mysore hereby appoints the 1st day of July 1964 as the date on which the said Act shall come into force. By Order and in the name of the Governor of Mysore, (S. D. NAYAK) Under Secretary. (Published in the Karnataka Gazette, PART IV—2C(ii), dated 21st May 1964, p. 1437.) II Bangalore, dated 18th May, 1965 [No. LAW 162 CET 65.] S. O. 2456.—In exercise of the powers conferred by sub-section (2) of Section 1 of the Mysore Civil Courts (Amendment) Act, 1965 (Mysore Act No. 11 of 1965), the Government of Mysore hereby appoints the First day of June 1965 as the date on which the said Act shall come into force. By Order and in the name of the Governor of Mysore, (H. K. ANANTHASUBBA RAO) Under Secretary. (Published in the Karnataka Gazette, PART IV—2C(ii), dated 27th May 1965, p. 1267.) III Bangalore, dated 2nd September, 1978.[No. LAW 155 LCE 77] S. O. 2291.—In exercise of the powers conferred by sub-section (2) of Section of the Karnataka Civil Courts (Amendment) Act, 1976 (Karnataka Act No. 81 of 1976), the Government of Karnataka, hereby appoints the First day of October, 1978 as the date on which the provisions other than section 2 of the Act, shall come into force. By Order and in the name of the Governor of Karnataka, (C. K. RAMU) Under Secretary to Government, Department of Law and Parliamentary Affairs. IV Bangalore, dated 18th January, 1979 [No. LAW 151 LCE 78] S. O. 258.—In exercise of the powers conferred by sub-section (2) of Section 1 of the Karnataka Civil Courts (Second Amendment) Act, 1978 (Karnataka Act No. 28 of 1978), the Government of Karnataka, hereby appoint 1st day of February 1979 as the date on which the provisions of the said Act, shall come into force. By Order and in the name of the Governor of Karnataka, (C. K. RAMU) Under Secretary to Government, Department of Law and Parliamentary Affairs.(Administration) V Bangalore, dated 10th November, 1980 [No. LAW 247 LCE 80] S. O. 2714.—In exercise of the powers conferred by sub-section (2) of Section 1 of the Bangalore City Civil Court Act, 1979 (Karnataka Act 13 of 1980), the Government of Karnataka hereby appoints the seventeenth day of November, 1980 for the purpose of the said sub-section. By Order and in the name of the Governor of Karnataka, (B. NAGESHA RAO) Deputy Secretary to Government, Department of Law and Parliamentary Affairs (Administration) KARNATAKA ACT NO. 30 OF 2015 (First Published in the Karnataka Gazette Extra-ordinary on the fourth day of August, 2015) THE KARNATAKA SMALL CAUSE COURTS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2015 (Received the assent of the Governor on the first day of August, 2015) An Act further to amend the Karnataka Small Cause Courts Act, 1964 and the Karnataka Civil Courts Act, 1964. Whereas it is expedient further to amend the Karnataka Small Cause Courts Act, 1964 (Karnataka Act 11 of 1964) and the Karnataka Civil Courts Act, 1964 (Karnataka Act 21 of 1964) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the sixty-sixth year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Karnataka Small Cause Courts and certain other law (Amendment) Act, 2015. (2) It shall come into force at once. Section 22 is incorporated in the Principal Act. 4. Pending cases not to be affected.- Notwithstanding anything contained in this Act, all suits, appeals or revision and other proceedings connected therewith pending before Small Cause Courts and Civil Courts, on the date of commencement of the Karnataka Small Cause Courts and Certain Other Law (Amendment) Act, 2015 shall be continued and disposed of by the said courts in which they are pending as if the amendment made under this Act has not been made". By Order and in the name of the Governor of Karnataka, S.B. GUNJIGAVI Secretary to Government Department of Parliamentary Affairs • * * *
PDF: pending for this language.
Schedule
(See section 29). 1. The Bombay Civil Courts Act, 1869 (Act 14 of 1869). 2. The Madras Civil Courts Act, 1873 (Act 3 of 1873). 3. The Mysore Civil Courts Act, 1883 (Act 1 of 1883). 4. The Hyderabad Civil Courts Act, 1954 (Act 36 of 1954). 5. The Coorg Courts Act, 1948 (Coorg Act 2 of 1948).
- • * * * NOTIFICATIONS I Bangalore, dated 19th May, 1964 [No. HD 51 CAD 64.] S. O. 725.—In exercise of the powers conferred by sub-section (3) of section 1 of the Mysore Civil Courts Act, 1964 (Mysore Act 21 of 1964) the Government of Mysore hereby appoints the 1st day of July 1964 as the date on which the said Act shall come into force. By Order and in the name of the Governor of Mysore, (S. D. NAYAK) Under Secretary. (Published in the Karnataka Gazette, PART IV—2C(ii), dated 21st May 1964, p. 1437.) II Bangalore, dated 18th May, 1965 [No. LAW 162 CET 65.] S. O. 2456.—In exercise of the powers conferred by sub-section (2) of Section 1 of the Mysore Civil Courts (Amendment) Act, 1965 (Mysore Act No. 11 of 1965), the Government of Mysore hereby appoints the First day of June 1965 as the date on which the said Act shall come into force. By Order and in the name of the Governor of Mysore, (H. K. ANANTHASUBBA RAO) Under Secretary. (Published in the Karnataka Gazette, PART IV—2C(ii), dated 27th May 1965, p. 1267.) III Bangalore, dated 2nd September, 1978.[No. LAW 155 LCE 77] S. O. 2291.—In exercise of the powers conferred by sub-section (2) of Section of the Karnataka Civil Courts (Amendment) Act, 1976 (Karnataka Act No. 81 of 1976), the Government of Karnataka, hereby appoints the First day of October, 1978 as the date on which the provisions other than section 2 of the Act, shall come into force. By Order and in the name of the Governor of Karnataka, (C. K. RAMU) Under Secretary to Government, Department of Law and Parliamentary Affairs. IV Bangalore, dated 18th January, 1979 [No. LAW 151 LCE 78] S. O. 258.—In exercise of the powers conferred by sub-section (2) of Section 1 of the Karnataka Civil Courts (Second Amendment) Act, 1978 (Karnataka Act No. 28 of 1978), the Government of Karnataka, hereby appoint 1st day of February 1979 as the date on which the provisions of the said Act, shall come into force. By Order and in the name of the Governor of Karnataka, (C. K. RAMU) Under Secretary to Government, Department of Law and Parliamentary Affairs.(Administration) V Bangalore, dated 10th November, 1980 [No. LAW 247 LCE 80] S. O. 2714.—In exercise of the powers conferred by sub-section (2) of Section 1 of the Bangalore City Civil Court Act, 1979 (Karnataka Act 13 of 1980), the Government of Karnataka hereby appoints the seventeenth day of November, 1980 for the purpose of the said sub-section. By Order and in the name of the Governor of Karnataka, (B. NAGESHA RAO) Deputy Secretary to Government, Department of Law and Parliamentary Affairs (Administration) KARNATAKA ACT NO. 30 OF 2015 (First Published in the Karnataka Gazette Extra-ordinary on the fourth day of August, 2015) THE KARNATAKA SMALL CAUSE COURTS AND CERTAIN OTHER LAW (AMENDMENT) ACT, 2015 (Received the assent of the Governor on the first day of August, 2015) An Act further to amend the Karnataka Small Cause Courts Act, 1964 and the Karnataka Civil Courts Act, 1964. Whereas it is expedient further to amend the Karnataka Small Cause Courts Act, 1964 (Karnataka Act 11 of 1964) and the Karnataka Civil Courts Act, 1964 (Karnataka Act 21 of 1964) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the sixty-sixth year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the
Karnataka Small Cause Courts and certain other law (Amendment) Act, 2015.
- (2) It shall come into force at once.
Section 22 is incorporated in the Principal Act.
4. Pending cases not to be affected.- Notwithstanding anything contained in this Act, all suits, appeals or revision and other proceedings connected therewith pending before Small Cause Courts and Civil Courts, on the date of commencement of the Karnataka Small Cause Courts and Certain Other Law (Amendment) Act, 2015 shall be continued and disposed of by the said courts in which they are pending as if the amendment made under this Act has not been made".
By Order and in the name of the Governor of Karnataka,
S.B. GUNJIGAVI Secretary to Government Department of Parliamentary Affairs
- • * * *