GUJARAT JUDICIAL COURTS LAWS (AMENDMENT) ACT, 1979
GUJARAT ACT NO. 20 OF 1979.
First published, after having received the assent of the President in the “Gujarat Government Gazette” on the 31st August, 1979).
An Act further to amend the Bombay Civil Courts Act, 1869 and the Presidency Small Cause Courts Act, 1882, in its application to the City of Ahmedabad, for the purposes hereafter appearing.
It is hereby enacted in the Thirtieth Year of the Republic of India as follows: —
Short title and commencement.
1. (1) This Act may be called the Gujarat Judicial Courts Laws (Amendment) Act, 1979.
(2) It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint.
Amendment of section 16 of Bom.XIV of 1869
Bom.XIV of 1869
2. In the Bombay Civil Courts Act, 1869 (hereinafter referred to "the Civil Courts Act”), in section 16 —
(1) for the words “does not amount to fifteen thousand rupees in" the words “is of any” shall be substituted; and
(2) for the words “ten thousand rupees” the words “twenty thousand rupees” shall be substituted.
Amendment of section 24 of Bom.XIV of 1869
3. In the Civil Courts Act, in section 24,—
(1) for the words “ten thousand rupees” the words “twenty thousand rupees” shall be substituted;
(2) the proviso shall be deleted.
Amendment of section 26 of Bom.XIV of 1869
4. In the Civil Courts Act, in section 26, for the words “ten thousand rupees” words “twenty thousand rupees” shall be substituted.
Amendment of section 28 of Bom.XIV of 1869
5. In the Civil Courts Act, in section 28A, in sub-section (2), for the words “ten thousand rupees” the words “twenty thousand rupees” shall be substituted.
Amendment of section 18 of Act XV of 1882
XV of 1882
6. In the Presidency Small Cause Courts Act, 1882, in its application to the City Ahmedabad (hereinafter referred to as “the Small Cause Courts Act”), in section 18, for the words “three thousand rupees” wherever they occur, the words “five thousand rupees” shall be substituted.
Amendment of section 20 of Act XV of 1882.
7. In the Small Cause Courts Act, in section 20, for the words "three thousand rupees” wherever they occur, the words “five thousand rupees” shall be substituted.
Amendment of section 22 of Act XV of 1882.
8. In the Small Cause Courts Act, in section 22, in clause (b), for the words “three thousand rupees” the words “five thousand rupees” shall be substituted.
XV of 1882.
Amendment of section 41 of Act XV of 1882.
9. In the Small Cause Courts Act, in section 41, for the words “three thousand rupees” the words “five thousand rupees” shall be substituted.
Amendment of Fourth Schedule of Act XV of 1882.
10. In the Small Cause Courts Act, in the Fourth Schedule, the following entries shall be added at the end, namely: —
“3000
|
3100
|
5-90
|
20-50
|
3100
|
3200
|
6-00
|
21-00
|
3200
|
3300
|
6-15
|
21-50
|
3300
|
3400
|
6-25
|
22-00
|
3400
|
3500
|
6-40
|
22-50
|
3500
|
3600
|
6-50
|
23-00
|
3600
|
3700
|
6-65
|
23-50
|
3700
|
3800
|
6-75
|
24-00
|
3800
|
3900
|
6-90
|
24-50
|
3900
|
4000
|
7-00
|
25-00
|
4000
|
4100
|
7-15
|
25-50
|
4100
|
4200
|
7-25
|
26-00
|
4200
|
4300
|
7-40
|
26-50
|
4300
|
4400
|
7-50
|
27-00
|
4400
|
4500
|
7-65
|
27-50
|
4500
|
4600
|
7-75
|
28-00
|
4600
|
4700
|
7-90
|
28-50
|
4700
|
4800
|
8-00
|
29-00
|
4800
|
4900
|
8-15
|
29-50
|
4900
|
5000
|
8-25
|
30-00.”.
|
Bom. XIV of 1869.
XIV of 1869
Savings.
11. Notwithstanding anything contained in the Bombay Civil Courts Act, 1869 or the Presidency Small Cause Courts Act, 1882, as amended by this Act,—
(1) all suits and proceedings of a civil nature pending, immediately before the date on which this Act comes into force, in the specified court shall be continued in that court as if this Act had not been passed and that specified court shall have for the purpose of the said suits and proceedings all jurisdiction and powers which it had immediately before the day on which this Act comes into force;
(2) an appeal or application for revision in respect of any suits or proceedings so continued under clause (1) in any specified court shall lie to the court which would have appellate or, as the case may be, revisional jurisdiction and that court shall entertain and dispose of the appeal or application as if the proceedings were instituted in that court before the date on which this Act comes into force;
(3) all applications for the execution or enforcement of a decree or order of a specified court passed immediately before the day on which this Act comes into force and all other applications arising out of such decree or order shall be made to and disposed of by that court as if this Act had not been passed.
Explanation—The expression “specified court” means the court of the Civil judge (Junior Division) or that of the Civil Judge (Senior Division) or the Ahmedabad City Civil Court. |
