THE KARNATAKA CIVIL COURTS ACT, 1964 — Physical PDF page 4 of 29
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Catalogue jurisdiction: Karnataka; territorial applicability is unverified.
- Pages 2–9 contain statement/amending-act context; main consolidated heading begins page 10.
- Schedule starts page 26, with notifications continuing 26–28 and appended Karnataka Act 30 of 2015 on page 29. Never truncate at main section tail.
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- Catalog enforcement date 9 April 1964 differs from printed commencement footnote 1 July 1964. Retain discrepancy and source labels; do not resolve legal effect.
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4
II
Act 11 of 1965.—Representations have been received from the Bar
Associations in the Bombay Area requesting amendment of the Mysore Civil
Courts Act, 1964, to provide for transfer of appeals from decrees passed by
Civil Judges (Junior Division) pending before District Courts to the Courts of
Civil Judges. The High Court has also suggested amendment of the Act for
the purpose.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated
27th March 1965, as No. 69 at page. 3.)
III
Act 81 of 1976.—According to the Civil Courts Act, 1964, appeals
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from decisions of Munsiffs lie to the Courts of Civil Judges. The Civil Judges
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are invested in addition, with unlimited jurisdiction in civil matters of the
value exceeding Rs. 10,000. They are also invested with trial of cases under
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the Land Acquisition Act and the Hindu Marriage Act. Consequently, there is
heavy pendency in these courts.
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In order that the pendency of the said appeals in reduced, and also
in order that sufficient work is provided to such of the District Courts, which
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(in some Districts) have not much work, it is proposed to amend the Act and
provide that appeals from decision of Munsiffs where the value of the
subject matter is more than five thousand rupees shall lie to the District
Courts.
Small cause jurisdiction of Small Causes Judges has recently been
enhanced to Rs. 3,000. It is proposed to enhance similar jurisdiction of Civil
Judges invested with small cause powers also to Rs. 3,000.
Courts of Civil Judges are generally located in district headquarters.
It causes hardship to the litigant public to approach these courts to obtain
succession certificate until the Indian Succession Act for small sums of
money. In order to obviate this, it is proposed to empower the High Court to
invest Civil Judges, Munsiffs with this powers.
To overcome certain working difficulties experienced of making in
charge arrangements during the temperate absence of officers, and during
summer vacation, amendments are proposed to sections 25, 26 and 28.
It is also proposed to repeal the provisions relating to village courts
and nyaya panchayats under the Madras Village Courts Act, 1888, the
Mysore Village Courts Act, 1913 and the Bombay Village Panchayat Act,
1933.