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Section 19 – The Presidency Small Cause Courts Act,1882

The Presidency Small Cause Courts Act,1882

Section 19. Suits in which Court has no jurisdiction

The Small Cause Court shall have no jurisdiction in

(a) Suits concerning the assessment or collection of the revenue;

1[(b) Suits concerning any act done by or by order of the Central Government 2[****], or the State Government;]

(c) Suits concerning any act ordered or done by any Judge or judicial officer in the execution of his office, or by any person in pursuance of any judgment or order of any Court or any such Judge or judicial officer;

(d) Suits for the recovery of immovable property;

(e) Suits for the partition of immovable property;

(f) Suits for the foreclosure or redemption of a mortgage of immovable property;

(g) Suits for the determination of any other right to or interest in immovable property;

(h) Suits for the specific performance or rescission of contracts;

(i) Suits to obtain an injunction;

(j) Suits for the cancellation or rectification of instruments;

(k) Suits to enforce a trust;

(l) Suits for a general average loss and suits on policies of insurance on sea-going vessels;

(m) Suits for compensation in respect of collisions on the high seas;

(n) Suits for compensation for the infringement of a patent, copyright or trade-mark;

(o) Suits for a dissolution of partnership or for an account of partnership-transactions;

(p) Suits for an account of property and its due administration under the decree of the Court;

(q) Suits for compensation for libel, slander, malicious prosecution, adultery or breach of promise of marriage;

(r) Suits for the restitution of conjugal rights 3[***], or for a divorce;

(s) Suits for declaratory decrees;

(t) Suits for possession of a hereditary office;

(u) Suits against Sovereign Princes or Ruling Chiefs, or against Ambassadors or Envoys of Foreign States;

(v) Suits on any judgment of a High Court;

(w) Suits the cognizance whereof by the Small Cause Court is barred by any law for the time being in force.

——————–

1. Subs. by the A.O.1937 for the original cl.(b).

2. The words “the Crown Representative” were omitted by the A.O,1950

3. The words “for the recovery of a wife” were rep, by Act 10 of 1914, s.3 and Sch. II

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The Presidency Small Cause Courts Act,1882

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