JAMMU AND
KASHMIR STATE CIVIL COURTS ACT, 1977 THE JAMMU AND KASHMIR STATE CIVIL COURTS ACT, 1977 [Act No. 14 of 1977] [01st February 1977] (1)
This Act may be called the Jammu and Kashmir State Civil Courts
Act, 1977. (2)
It extends to the whole of Jammu and Kashmir. In this Act, unless there
is something repugnant in the subject or context, - (i)
?small cause? means a small suit of the nature cognized by a court
of Small causes under the Small Cause Courts Act; (ii)
? Value? used with references to a suit means the amount or value
of the subject matter of the suit. There shall continue to be
a High Court for the Jammu and Kashmir state. The High Court shall be
deemed for the Purpose of all enactments for the time being in force to be
highest Civil court of appeal or Revision. The High Court shall makes
rules for the transaction of the work of the High Court. 1.
The High Court shall have a Registrar and shall have the power to
appoint such ministerial officers as may be necessary for the administration of
justice by the court and for the exercise and performance of the powers and
duties conferred and imposed on it by this Act. 2.
The Registrar and Ministerial Officers appointed undert this
section shall exercise such powers and discharge such duties of non- judicial
or quassi-judicial nature as the High Court may direct. 3.
Any ministerial officer may be suspended or dismissed from his
office by the order of the High Court. 1.
The general superintendance and control over all other civil
courts shall be vested in, and all such Courts shall be subordinate to the High
Court. 2.
The High Court shall from time to time Visit and inspect the
proceedings of the courts subordinate to the High Court and shall give such
directions in matter not provided for by laws as may be necessary to secure the
due administration of justice. (1)
The High Court may make rules consistent with this Act and any
other enactments for the time being in force ? (a)
Providing for the translation of any papers filed in the High
Court and copying and printing any such papers or translations, and requiring
from the persons at whose instance or on whose behalf they are filed payment of
the expenses there by incurred; (b)
Declaring what persons shall be permitted to practice as petition-
writers in the court of the state, regulating the conduct of the business by
persons so practicing, and determining the authority by which breaches of rules
under this clause shall be tired; (c)
Determining in what cases legal practitioners shall be permitted
to address the Court in English; (d)
Prescribing forms for the seals to be used by those courts; (e)
Regulating the procedures in cases where any person is entitled to
inspect a record of any such court or obtain a copy of the same, and
prescribing the fees payable by such persons, for searches, inspections and
copies; (f)
Conferring and imposing on the ministerial officers of the
subordinate courts such powers and duties of a non- judicial or quassi-judicial
nature as it thinks fit, and regulating the modes in which powers and duties so
conferred and imposed shall be exercised and performed; (g)
Prescribing forms for such books, entries, statistics and accounts
as it thinks necessary to be kept, made or compiled in those courts or
submitted to any authority; (h)
Providing for the inspection of those courts and the supervision
of the working there of; (i)
Regulating the exercise of the control vested in the High Court by
section 35(4) of this Act; and (j)
Regulating all such matters as it may think fit, with a view to
promoting the efficiency of the judicial and ministerial officers of those
courts, and maintaining proper discipline among those officers. (2)
Whoever breaks any rule made under clause (b) shall be punished
with a fine which may extend to fifty rupees. (1)
The High Court shall keep such registers, books and accounts as
may be necessary for the transaction of the business of the Court. (2)
The High Court shall comply with such requistions as may be mafe
for certified copies of, or extracts from the records of the Court and the
courts subordinate there to. (1)
The High Court, when sitting as a Court of Civil Judicature shall
take evidence and record judgments and orders in such manner as it, by rule,
directs and may frame forms for any proceedings in the courts in exercise of
its civil jurisdiction. The High Court has and
shall have power to remove and to try and determine as a court of extraordinary
original jurisdiction any suit being or falling within the jurisdiction of any
court subject to its superintendence. The high Court shall have
such powrers and authority in relation to the granting of probates of last
wills and testaments and letters of administration of goods, chattels, credits
and all other effects whatsoever of person dying intestate whether within or
without the state as are or may be conferred on it by any law for the time
being in force. Besides the High Court, the
Court of Small cases established under the Small Cause Court Act, and the Cort
establishd under any other enactment for the time being in force, there shall
be the following classes of Civil Courts namely:- 1.
The Court of the District Judge, also called the District Court; 2.
The court of the additional Judge; 3.
The court of the subordinate Judge; and 4.
the Court of the Munsiff. (1)
For the purposes of this Act, shall divide the territories of the
state into civil Districts; (2)
The Government may on the recommendation of the High Court alter
the limits or the number of these districts. The Government shall on the
recommendation of the High Court appoint as many persons as the Government
think necessary to be District Judges and shall post one such person to each
District as District Judge of that District. Provided that the same
person may, if the Government on the recommendation of the High Court think
fit, be appointed to be District Judge of two or more Districts. (1)
When the business pending before any District Judg4e requires the
aid of an additional Judge or Judges for its speedy disposal, appoint such
Additional Judges as may be necessary. (2)
An Additional Judge so appoint shall discharge any of the
functions of a District Judge which the District Judge may assign to him, and
in the discharge of all those functions he shall exercise the same powers as
the District Judge. The Government may after
consultation with the High Court fix the number of subordinate Judges to be
appointed and when there is a vacancy in that number, may appoint such person
as is recommended by the High Court for the said vacancy. The Court of the District
Judge shall be deemed to be the District Court or principal Civil Court of
original jurisdiction in the district. Except as Otherwise
provided by any enactment for the time being in force, the Court of the
District Judge shall have jurisdiction in original civil suits without limit as
regards the value. (1)
The local limits of the jurisdiction of a subordinate Judge or
Munsiff shall be such as the High Court may define. (2)
When the High Court posts a subordinate Judge or Munsiff shall to
a district the local authority of the district, shall in the absence of the
directions to the contrary, be deemed to be the local limits of his
jurisdiction. The Government after consultation
with the High Court, shall appoint any persons to be an honorary subordinate
Judge or Honorary Munsiff and the High Court may confer on any such person all
or any of the powers conferrable under this Acton a subordinate Judge or
Munsiff with respect to a particular classes of suits or with respect to suits
generally in any local area. (1)
The High Court may fix the place or places at which any court
under this Act is to be held. (2)
The place or places fixed may be beyond the local limits of the
jurisdiction of the court. (3)
Except as may be otherwise provided by any order under this
section, a court under this Act may be held at any place with in the local
limits of its jurisdiction. (1)
Any District Judge may be suspended or removed from the office on
the report of the High Court. (2)
Any subordinate judge or MuUnsiff may be suspended from office by
the High Court subject to the confirmation of the Government or removed from
office by the Government on the report of the High Court. Subject to the general
superintendence and control of the High Court, the District Judge shall have
control over all the Civil Courts under this Act with in the local limits of
his jurisdiction. All powers conferred, local
limits of jurisdiction of courts defined and all places fixed for holding of
courts before this Act comes into force shall be deemed to have been conferred,
determined and fixed under this Act.
Preamble - THE JAMMU AND KASHMIR STATE CIVIL COURTS ACT, 1977