SUITS EXCEPTED FROM THE COGNIZANCE OF COURT OF SMALL CAUSES

(See section 8). (1) A suit concerning any act done or purporting to be done by or by order of the Central Government or the State Government; (2) a suit concerning an act purporting to be done by any person in pursuance of the judgment or order of a Court or of a Judicial Officer acting in the execution of his office; (3) a suit concerning an act or order purporting to be done or made by any other officer of the Government in his official capacity, or by a Court of Wards, or by an Officer of a Court of Wards in the execution of his office; (4) a suit for the possession of immovable property or for the recovery of an interest in such property but not including a suit for ejectment where,— (a) the property has been let under a lease or permitted to be occupied, by a written instrument or orally, and (b) the Court of Small Causes would be competent to take cognizance of a suit for the rent of the property, and (c) the only substantial issue arising for the decision is as to whether the lease has been determined by efflux of the time limited thereby or has been determined by a notice in accordance with the law for the time being in force in respect of such lease, or the permission to occupy has been withdrawn; (5) a suit for the partition of immovable properly; (6) a suit by a mortgagee of immovable property for the foreclosure of the mortgage or for the sale of the property, or by a mortgagor of immovable property for the redemption of the mortgage; (7) a suit for the assessment, enhancement, abatement, or apportionment of the rent of immovable property; (8) a suit concerning the liability of land to be assessed to land revenue; (9) a suit to restrain waste; (10) a suit for the determination or enforcement of any other right to or interest in immovable property; (11) a suit for the possession of a hereditary office or of an interest in such office including a suit to establish an exclusive periodically recurring right to discharge the functions of an office; (12) a suit to enforce payment of the allowance or fees respectively called “malikana” and “huq” or of cesses or other dues when the cesses or dues are payable to a person by reason of his interest in immovable property or in a hereditary office or in a shrine or other religious institution, but not including a suit to enforce such payment when the right is based on a contract in writing; (13) a suit to recover from a person to whom compensation has been paid under the Land Acquisition Act, 1894 (Central Act 1 of 1894), the whole or any part of the compensation; (14) a suit for the specific performance or recission of a contract; (15) a suit for the rectification or cancellation of an instrument; (16) a suit to obtain an injunction; (17) a suit to enforce a trust including a suit to make good out of the general estate of a deceased trustee, the loss occasioned by a breach of trust, and a suit by a co-trustee to enforce against the estate of a deceased trustee a claim for contribution; (18) a suit for a declaratory decree not being a suit instituted under rule 63 or rule 103 of Order XXI of the Code; (19) a suit instituted under rule 63 or rule 103 of Order XXI of the Code; (20) a suit to set aside an attachment of any property by a Court or a revenue authority, or a sale, mortgage, lease or other transfer of such property by a Court or a revenue authority or by a guardian; (21) a suit for property which the plaintiff has conveyed while insane; (22) a suit to alter or set aside a decision, decree or order of a Court or of a person acting in a judicial capacity; (23) a suit to contest an award; (24) a suit under section 360 or section 361 of the Indian Succession Act, 1925, (Central Act 39 of 1925), to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets; (25) a suit for a legacy or for the whole or a share of a residue bequeathed by a testator, or for the whole or a share of the property of an intestate; (26) a suit,— (a) for a dissolution of partnership or for the winding up of a business of a partnership after its dissolution; (b) for an account of partnership transaction, or (c) for a balance of partnership account unless the balance has been struck by the parties or other agents; (27) a suit for an account of property and for its due administration under decree; (28) any other suit for an account, including a suit by a mortgagor after the mortgage has been satisfied, to recover surplus collections received by the mortgagee but not including a suit for mesne profits; (29) a suit for a general average loss or for salvage; (30) a suit for compensation in respect of collision between ships: (31) a suit on a policy of insurance or for the recovery of any premium paid under any such policy; (32) a suit for compensation,— (a) for loss occasioned by the death of a person, caused by actionable wrong; (b) for wrongful arrest, restraint or confinement: (c) for malicious prosecution; (d) for libel; (e) for slander; (f) for adultery or seduction; (g) for breach of contract of betrothal or promise of marriage; (h) for inducing a person to break a contract made with plaintiff; (i) for obstruction of an easement or diversion of a water-course; (j) for an act, which is or, save for the provisions of Chapter IV of the Indian Penal Code, would be an offence punishable under Chapter XVII of the said Code; (k) for illegal, improper or excessive distress, attachment or search or for trespass committed in or damage caused by the illegal or improper execution of any distress, search or legal process; (l) for improper arrest under Order XXXVIII of the First Schedule to the Code or in respect of the issue of an injunction wrongfully obtained under order XXXIX of the First Schedule to the Code; or (m) for injury to the person in any case not specified in the foregoing sub-clauses of this clause; (33) a suit by a Mohammedan for exigible (mujjal) or deferred (muwajjal) dower; (34) a suit for restitution of conjugal rights, for the custody of a minor or for divorce; (35) a suit relating to maintenance, but not one based on a contract in writing; (36) a suit for contribution by a sharer in joint property in respect of a payment made by him of money due from a co-sharer, or by a manager of a joint property or a member of an undivided family in respect of the payment made by him on account of the property or family; (37) a suit by one of several joint mortgagors of immovable property or contribution in respect of money paid by him for the redemption of the mortgaged property; (38) a suit against Government to recover money paid under protest in satisfaction of a claim made by a revenue authority on account of an arrear of land revenue or of a demand recoverable as an arrear of land revenue; (39) a suit to recover property obtained by an act which is or, save for the provisions of Chapter IV of the Indian Penal Code, would be an offence punishable under Chapter XVII of the said Code; and (40) a suit the cognizance whereof by a Court of Small Causes is barred by any law for the time being in force. • * * * NOTIFICATIONS I Bangalore, dated the 24th June, 1964 [No. HD 63 CAD 64] S.O. 903.—In exercise of the powers conferred by sub-section (3) of Section 1 of the Mysore Small Cause Courts Act, 1964 (Mysore Act No. 11 of 1964), the Government of Mysore hereby appoints the First day of July 1964 as the date on which the said Act shall come into force. By Order and in the name of theGovernor of Mysore, (N.D.N AYAK) Under Secretary. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A dated 29- 6-1964 as No. 175 at page. 9.) II Bangalore, dated 10th November 1980 [No. LAW 247 LCE 80] 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. N AGESHA RAO) Deputy Secretary to Government, Department of Law & 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 8 (2) 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 • * * *