Keyword(s):
Court of Small Causes, High Court, Judge, Judicial Service
STATEMENTS OF OBJECTS AND REASONS
Act 11 of 1964.- There are at present five different enactments in force in the five
Areas of the Mysore State to regulate the constitution, powers and jurisdiction of civil
courts. It is proposed to have a uniform law on the subject. Hence this Bill.
The following are the salient features of the Bill, namely:—
(1) provision for three classes of Civil Courts subordinate to the High Court,
namely:—
(i) the Court of the District Judge called the District Court;
(ii) the Court of the Civil Judge; and
(iii) the Court of the Munsiff;
(2) provision for the establishment of a District Court for each district or more than
one district and for treating the City of Bangalore as a district;
(3) provision for the establishment of a Court of a Civil Judge for each district; or for
part of a district or for more than one district;
(4) provision for fixing and varying by the High Court with the approval of the State
Government, the number of Civil Judges and Munsiffs to be appointed to the Court of a
Civil Judge or Munsiff’s Court;
(5) provision empowering the State Government to fix the locality of courts in
consultation with the High Court;
(6) provision for treating the Courts of Civil Judges (Senior Division) in the Bombay
Area, the Courts of Civil Judges in the Mysore Area; and the Courts of Subordinate
Judges, as Courts of Civil Judges; and for treating the Courts of Civil Judges (Junior
Division) in the Bombay Area, the Courts of District Munsiffs in the Madras Area and the
Courts of Munsiffs in the other Areas, as Munsiffs’ Courts;
(7) conferment of unlimited pecuniary jurisdiction on the Court of a Civil Judge in
respect of all original suits and proceedings of a civil nature;
(8) provision for conferment of jurisdiction on the Munsiff’s Court in respect of all suits
and proceedings of a civil nature of which the amount or value of the subject matter does
not exceed five thousand rupees and on the recommendation of the High Court, the
jurisdiction of any Munsiff’s Court may be extended by the State Government to all
original suits and proceedings of a civil nature, the value of the subject matter of which
does not exceed ten thousand rupees;
(9) provision for appeals from decrees and orders passed by a Munsiff to the District
Court; and transfer by the District Judge to the Court of the Civil Judge within his
jurisdiction of appeals the value of the subject matter of which does not exceed five
thousand rupees;
(10) provision empowering the High Court to invest any Judge of a Court of Small
Causes with powers to hear appeals from such decrees and orders of Munsiffs’ Courts
as may be referred by the District Judges;
(11) provision empowering the High Court to invest the Court of a Civil Judge and the
Court of a Munsiff with small cause powers, not exceeding two thousand rupees in the
case of a Court of a Civil Judge and not exceeding five hundred rupees in the case of a
Court of a Civil Judge and not exceeding five hundred rupees in the case of a Court of a
Munsiff.
(Obtained from Notification No. 2487-LA, dated 04.05.1962)
II
Amending Act 42 of 1976.—The Karnataka Small Cause Court Act, 1964 provides
for establishment of Courts of Small Causes. All suits of Civil nature of which the value
does not exceed five hundred rupees in cognisable by the Court of Small Causes.
However the State Government may, by notification, direct that suits of which the value
does not exceed Rs. 2000 shall be cognisable by the Court of Small Causes. It is now
proposed to enhance the limit of Rs. 2000 to Rs. 3000 in Causes. The advantage is that
the pressure on the Munsiffs’ Court will be reduced. Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 13th May 1976
as No. 2471 at page. 3.)
III
Amending Act 13 of 1980.—City Civil Courts are functioning in the Metropolitan
Cities of Bombay, Madras, Calcutta, Hyderabad and Ahmedabad. The High Court is of
the opinion that a City Civil Court on the pattern of the City Civil Courts functioning in the
other cities above-named may be constituted for the City of Bangalore also. When such
a City Civil Court is constituted, the Sessions Judge will deal exclusively with criminal
work and the supervision of the work of the Magistrates’ Courts. As there will be an
appeal only to the High Court against the decision of the City Civil Court, this would not
only minimise the delay in disposal of cases but also reduce the cost of litigation.
The Government have therefore, considered it necessary to constitute a City Civil
Court for the City of Bangalore. It is also proposed to abolish vacation in civil courts.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 16th May 1979
as No. 478 at page. 14.)
IV
Amending Act 11 of 1981.—In view of the heavy arrears of cases in the Subordinate
Civil Courts, it was considered necessary to increase the number of working days of all
such courts. Accordingly, the vacation to all such courts was reduced from 60 days to 30.
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