PRESIDENCY SMALL CAUSE COURTS (GUJARAT AMENDMENT) ACT, 2002
GUJARAT ACT NO. 17 OF 2002.
(First published, after having received the assent of the President the “Gujarat Government Gazette”, on the 5th June, 2002).
An Act further to amend 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 Fifty-third Year of the Republic of India as follows:-
Short title and commence¬ment.
1. (1) This Act may be called the Presidency Small Cause Courts (Gujarat Amendment) Act, 2002.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Amend¬ment of section 18 of XV of 1882.
2. In the Presidency Small Cause Courts Act, 1882, in its application to the City of Ahmedabad (hereinafter referred to as “the principal Act”), in section 18, for the words “five thousand rupees” wherever they occur, the words “two lacs rupees” shall be substituted.
Amend¬ment of section 20 of XV of 1882.
3. In the principal Act, in section 20, for the words “five thousand rupees” wherever they occur, the words “two lacs rupees” shall be substituted.
Amendment of section 22 of XV of 1882.
4. In the principal Act, in section 22, in clause (b), for the words “five thousand rupees”, the words “two lacs rupees” shall be substituted.
Amend¬ment of section 41 of XV of 1882.
5. In the principal Act, in section 41, for the words “five thousand rupees”, the words “two lacs rupees” shall be substituted.
Substitu¬tion of section 71 of XV of 1882.
6. In the principal Act, for section 71, the following section shall be substituted, namely:-
Bom. XXXVI of 1959.
Court fees.
“71. The Court fees leviable in suits, appeals and applications under this Act shall be the same as are leviable under Chapter III of the Bombay Court-fees Act, 1959 and the provisions of that Act shall, mutatis mudandis, apply to the recovery of such court-fees.”.
Substitu¬tion of section 72 of XV of 1882.
7. In the principal Act, for section 72, the following section shall be substituted, namely:-
Process fees.
“72. Save as otherwise provided by or under any provision of this Act, the fees chargeable for serving and executing any processes issued by the Small Cause Court, Ahmedabad shall be the same as are prescribed by the High Court of Gujarat under section 32 of the Bombay Court-fees Act, 1959.”.
Transfer of pending cases.
8. All suits and applications of a civil nature wherein the subject matter exceeds in amount or value five thousand rupees but does not exceed two lacs rupees pending in the Courts of City Civil, Ahmedabad immediately before the commencement of the Presidency Small Cause Courts (Gujarat Amendment) Act, 2002 shall after such commencement, stand transferred to, and be disposed of by the Judge, Court of Small Cause, Ahmedabad within the local limit of his ordinary jurisdiction. |
