Executive Summary:
The Dadra and Nagar Haveli Civil Courts and Miscellaneous Provisions Amendment Regulation, 2019, was promulgated by the President of India and received assent on January 10, 2019. The regulation amends the 1963 Regulation, altering pecuniary jurisdiction limits for civil courts and enabling the transfer of pending suits and appeals. It came into force immediately on April 5, 2019.
Key Points / Main Content:
Amendment of Pecuniary Jurisdiction:
* Section 5 of the principal regulation is amended, substituting "five lakh rupees" for "one lakh rupees" in subsection 2, clause b.
* Section 6 of the principal regulation is amended, substituting "ten lakh rupees" for "one lakh rupees" in subsection 2, clause a.
* Section 7 of the principal regulation is amended:
* Substituting "twelve thousand rupees" for "three thousand rupees" in subsection 1 (i).
* Substituting "six thousand rupees" for "one thousand and five hundred rupees" in subsection 1 (ii).
Transfer of Pending Suits and Appeals:
* New Section 13A is inserted into the principal Regulation.
* Suits not exceeding five lakhs rupees pending before the Civil Judge Senior Division will be transferred to the Civil Judge Junior Division. The court may proceed from the existing stage, an earlier stage, or de novo.
* Appeals not exceeding ten lakhs rupees pending before the High Court will be transferred to the District Court. The District Court may proceed from the existing stage, an earlier stage, or de novo.
* The transfer provision does not apply to suits and appeals statutorily provided under the relevant enactment before the Civil Judge Senior Division or the High Court.
Impact Analysis:
Civil Judge Junior Division:
* Impact: Increase in caseload due to the transfer of suits from the Civil Judge Senior Division.
* Action Required: Prepare to manage the increased number of cases, potentially reviewing transferred cases de novo or from the stage reached in the previous court.
Civil Judge Senior Division:
* Impact: Reduction in caseload as suits are transferred to the Civil Judge Junior Division.
* Action Required: Transfer applicable cases to the Civil Judge Junior Division.
High Court:
* Impact: Reduction in caseload as appeals are transferred to the District Court.
* Action Required: Transfer applicable appeals to the District Court.
District Court:
* Impact: Increase in caseload due to the transfer of appeals from the High Court.
* Action Required: Prepare to manage the increased number of appeals, potentially reviewing transferred appeals de novo or from the stage reached in the previous court.
Litigants:
* Impact: Suits and appeals may be transferred to a different court.
* Action Required: Be aware of the new jurisdiction limits and monitor the status of their pending cases for potential transfer. Ensure compliance with any new court directions following the transfer.
Key Entities Referenced
Parliament: The legislative body that passed the Act.
President: The President of India, who gave assent to the Act and promulgated the Regulation.
The Dadra and Nagar Haveli Civil Courts and Miscellaneous Provisions Amendment Regulation, 2019: The main regulation being analyzed, amending a previous regulation.
Dadra and Nagar Haveli Civil Courts and Miscellaneous Provisions Regulation, 1963: The principal regulation being amended by the 2019 Amendment Regulation.
Constitution: The Constitution of India, specifically article 240, which confers powers to the President.
High Court: Refers to the High Court with jurisdiction over Dadra and Nagar Haveli, mentioned in the context of transfer of pending appeals.
District Court: Refers to the District Court where appeals will be transferred according to the new regulation.
New Delhi: The location where the Ministry of Law and Justice is located.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the5th April,2019/Chaitra15,1941 (Saka)
The following Act of Parliament received the assent of the President on the
10th January, 2019, and is hereby published for general information:—
THE DADRA AND NAGAR HAVELI (CIVIL COURTS AND
MISCELLANEOUS PROVISIONS) AMENDMENT
REGULATION, 2019
NO. 2 OF 2019
Promulgated by the President in the Seventieth Year of the Republic of India.
A Regulation further to amend the Dadra and Nagar Haveli (Civil Courts and
Miscellaneous Provisions) Regulation, 1963.
In exercise of the powers conferred by clause (1) of article 240 of the Constitution, the
President is pleased to promulgate the following Regulation made by him:—
1. (1) This Regulation may be called the Dadra and Nagar Haveli (Civil Courts and Short title and
Miscellaneous Provisions) Amendment Regulation, 2019. commencement.
(2) It shall come into force at once.
Regulation 8 2. In the Dadra and Nagar Haveli (Civil Courts and Miscellaneous Provisions) Regulation, Amendment of
of 1963. 1963 (hereinafter referred to as the principal Regulation), in section 5, in sub-section (2),in section 5.
clause (b), for the words "one lakh rupees", the words "five lakh rupees" shall be substituted.
3. In section 6 of the principal Regulation, in sub-section (2),in clause (a), for the Amendment of
words "one lakh rupees", the words "ten lakh rupees" shall be substituted. section 6.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]
Amendment of 4. In section 7 of the principal Regulation, in sub-section (1), —
section 7.
(i) for the words "three thousand rupees", the words "twelve thousand rupees"
shall be substituted;
(ii) for the words "one thousand and five hundred rupees", the words "six
thousand rupees" shall be substituted.
Insertion of 5. After section 13 of the principal Regulation, the following shall be inserted,
new section namely: —
13A.
Transfer of "13A. On the commencement of the Dadra and Nagar Haveli (Civil Courts and
pending suits Miscellaneous Provisions) Amendment Regulation, 2019,—
and appeals.
(1) all suits in which the amount or value of the subject matter does not
exceed five lakhs rupees and which are pending before the court of Civil Judge
(Senior Division), immediately before such commencement, shall stand transferred
to the concerned court of Civil Judge (Junior Division) and such court may deal
with such suit from the stage which was reached before such transfer or from
any earlier stage orde novo as such court may deem fit;
(2) all appeals in which the amount or value of the subject matter does not
exceed ten lakhs rupees and pending before the High Court immediately before
such commencement, shall stand transferred to the concerned District Court
and such District Court may deal with such appeal from the stage which was
reached before such transfer or from any earlier stage or de novo as such court
may deem fit:
Provided that nothing in this section shall apply to suits and appeals
which are pending before the court of Civil Judge (Senior Division) or as the
case may be, before the High Court, which are statutorily provided under the
relevant enactment before such court.".
RAM NATH KOVIND,
President.
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—16GI(S3)—5-04-2019.