THE BHOPAL AND VINDHYA PRADESH (COURTS), ACT, 1950
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THE BHOPAL AND VINDHYA PRADESH (COURTS), ACT, 1950
Title : THE BHOPAL AND VINDHYA PRADESH (COURTS), ACT, 1950
Year : 1950
In the event of the death of a District Judge or of his being prevented from performing his duties by illness or other cause or of his absence from the civil district on leave, the Additional District Judge, if any, in the district or if there are more than one the first in rank among them or where there is no Additional District Judge the first in rank of the Subordinate Judges, if any,shall assume charge of the District Court, without interruption to his ordinary duties, and while so in charge, shall perform the duties of a District Judge with respect to the filing of suits and appeals, receiving pleadings, execution of processes, return of writs and the like, and shall be designated as the Additional District Judge, or the Subordinate Judge, as the case may be, in charge of the District and shall continue in such charge until the office of the District Judge has been resumed, or assumed by an officer duly appointed thereto.
Any District Judge leaving the headquarters and proceeding on duty to any place within his district may delegate to an Additional District Judge, or where there is no such Additional District Judge, to a Subordinate Judge at the headquarters, the power of performing such duties, specified in section 36 as may be emergent, and such officer shall be designated as the Additional District Judge or the Subordinate Judge, as the case may be, in charge of the head quarters.
In the event of the death, suspension or temporary absence of any Subordinate Judge or a Munsiff, the District Judge may empower the Judge of any subordinate Court or the Court of a Munsiff of the same civil district to perform the duties of the Judge of the vacated subordinate Court or the Court of the Munsiff, as the case may be, either at the place of such Court or of his own Court ; but in every such case the registers and records of the two Courts shall be kept distinct.
Where any person holding an office in the service of the State Government who has been invested with any powers under this Act throughout any local area is transferred or posted to an equal or higher office of the same nature within a like local area, he shall, unless the 1*[State Government] otherwise directs, or has otherwise directed, exercise the same powers in the local area to which he is so transferred or posted.
(1) Subject to the approval of the 1*[State Government], the 2*[High Court] shall prepare a list of days to be observed in each year as closed holidays in the 3*[High Court] and the Civil Courts subordinate to that Court.
(2) The list shall be published in the Official Gazette.
(3) Any judicial act done by a Civil Court on a day specified in the list shall not be, invalid by reason only of its having been done on that day.
The 2*[High Court] may, from time to time, make rules consistent with this Act and any other law for the time being in force-
(a) For the supervision of all Courts subordinate to the 2*[High Court] and their inspection ;
(b) For the translation of any papers filed in the 2*[High Court] and the preparation of paper books for the hearing of appeals and the copying, typing or printing of any such papers or translations and the recovery from the persons at whose instance or on whose behalf papers are filed, of the expenses thereby incurred ;
(c) The fees to be charged for processes issued by Civil courts, or by any officer of any such Court and the fee payable in any suit or proceeding in any such Court by any party to such suit or proceeding in respect of the fees of the pleader of any other party to such suit or proceedings ;
(d) The manner in which proceedings of Civil Courts shall be kept and recorded, the manner in which paper books for the hearing of appeals shall be prepared and the granting of copies;
(e) All matters relating to officers of Court;
(f) Declaring what persons shall be permitted to act as petition writers in the Courts subordinate thereto;
(g) Regulating the issue of licences to such persons, the conduct of business by them and the scale of fees to be charged by them ; and
(h) Determining the authority by which breaches of such rules shall be investigated and the penalties which may be imposed.
1* All Civil Courts, other than the Court of the Judicial Commissioner, which are in existence in the State of Vindhya Pradesh at the commencement of this Act(hereinafter referred to as " the existing Civil Courts "), are hereby abolished.
(1) The abolition of any existing Civil Court under section 42 shall not prejudicially affect the continued operation of any notice served, injunction issued, direction made or proceeding taken before the commencement of this Act by such Civil Court under the powers then conferred upon it.
(2) Every appeal, suit or other proceeding pending before any of the existing Civil Courts immediately before the commencement of this Act shall, on such commencement, stand transferred to the Court exercising the jurisdiction under this Act which corresponds, so far as may be, to the jurisdiction of the Court in which the proceeding was pending, and the Court to which the proceeding so stands transferred shall proceed to try, hear and determine the matter as if it had been pending in that Court.
(3) Every decree or order made or sentence passed by any of the existing Civil Courts shall be deemed for the purposes of execution to have been made or passed by the corresponding Court established under this Act.
Explanation.-In this sub-section, the expression " corresponding Court " means the Court in which the case or proceeding in which the decree or order was made or sentence was passed would have lain, if the case or proceeding had been instituted after the commencement of this Act.
(4) Where any existing Civil Court has by reason of its abolition under section 42 ceased to have jurisdiction with respect to any suit or proceeding, any proceeding in relation to that suit or proceeding which if that Court had not ceased to have jurisdiction might have been had therein may be had in the Court to which the business of the former Court has been transferred under this section.
The Vindhya Pradesh (Judicial Commissioners Court) Ordinance, 1950 (10 of 1950)and the Bhopal (Courts) Ordinance, 1950 (11 of 1950)are hereby repealed:
Provided that the repeal by this Act of any of the Ordinances aforesaid shall not affect-
(a) The previous operation thereof ; or
(b) Any penalty, forfeiture or punishment incurred in respect of any offence committed against any Ordinance so repealed; or
(c) Any investigation, legal proceeding or remedy in respect of any such punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed:
Provided further that, subject to the provisions of the preceding proviso, anything done or any action taken, including any appointment or delegation made, notification, instruction or direction issued, or any rule, regulation or form issued or framed under any Ordinance hereby repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.
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