Executive Summary:
The Daman and Diu Civil Courts Amendment Regulation, 2019, promulgated by the President of India, amends the Goa, Daman and Diu Civil Courts Act, 1965. The regulation, effective immediately, revises the pecuniary jurisdiction of civil courts and provides for the transfer of pending suits and appeals based on revised jurisdictional limits.
Key Points / Main Content:
Jurisdictional Amendments:
* Section 20(4): The limit of "one lakh rupees" is amended to "five lakh rupees."
* Section 22: The limit of "one lakh rupees" in the proviso is amended to "ten lakh rupees."
* Section 24(1): The limit of "three thousand rupees" is amended to "twelve thousand rupees," and "one thousand five hundred rupees" is amended to "six thousand rupees."
* Section 25(2): The limit of "one lakh rupees" in the proviso is amended to "ten lakh rupees."
Transfer of Pending Suits and Appeals:
* Suits: All suits not exceeding five lakh rupees pending before the Civil Judge Senior Division are transferred to the Civil Judge Junior Division. The court may proceed from the existing stage or earlier, as deemed fit.
* Appeals: All appeals not exceeding ten lakh rupees pending before the High Court are transferred to the District Court, which may proceed from the existing stage or earlier, as deemed fit.
* Exceptions: This transfer provision does not apply to suits and appeals statutorily provided under the relevant enactment before such court.
Impact Analysis:
Civil Judge Senior Division:
* Impact: Reduced caseload as suits within the new limit are transferred to the Civil Judge Junior Division.
* Action Required: Transfer pending suits that fall under the jurisdiction of Civil Judge Junior Division.
Civil Judge Junior Division:
* Impact: Increased caseload due to the transfer of suits from the Civil Judge Senior Division.
* Action Required: Receive transferred cases and manage the increased caseload, proceeding from the appropriate stage.
High Court:
* Impact: Reduced caseload as appeals within the new limit are transferred to the District Court.
* Action Required: Transfer pending appeals that fall under the jurisdiction of District Court.
District Court:
* Impact: Increased caseload due to the transfer of appeals from the High Court.
* Action Required: Receive transferred cases and manage the increased caseload, proceeding from the appropriate stage.
Litigants:
* Impact: Suits and appeals may be heard in different courts based on the amended jurisdiction.
* Action Required: Be aware of the transfer of their cases and follow up with the appropriate court.
Key Entities Referenced
Daman and Diu Civil Courts Amendment Regulation, 2019: A regulation promulgated by the President of India to amend the Goa, Daman and Diu Civil Courts Act, 1965 as it applies to the Union Territory of Daman and Diu.
Goa, Daman and Diu Civil Courts Act, 1965: The principal Act being amended by the Daman and Diu Civil Courts Amendment Regulation, 2019.
Union territory of Daman and Diu: The Union Territory where the amended regulation will be implemented.
Constitution: Refers to The Constitution of India, under which the President has the power to promulgate regulations.
President of India: The office that promulgated the Daman and Diu Civil Courts Amendment Regulation, 2019.
New Delhi: Location where the Ministry of Law and Justice is located and where the notification was issued.
High Court: The court from which appeals, under certain financial limits, will be transferred to the District Court according to the Daman and Diu Civil Courts Amendment Regulation, 2019.
District Court: The court to which appeals, under certain financial limits, will be transferred from the High Court according to the Daman and Diu Civil Courts Amendment Regulation, 2019.
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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the5th April,2019/Chaitra15,1941 (Saka)
————
THE DAMAN AND DIU CIVIL COURTS (AMENDMENT)
REGULATION, 2019
NO. 1OF 2019
Promulgated by the President in the SeventiethYear of the Republic of India.
A Regulation further to amend the Goa, Daman and Diu Civil Courts Act, 1965 as in
force in the Union territory of Daman and Diu.
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 Daman and Diu Civil Courts (Amendment) Short title and
Regulation, 2019. commence-
ment.
(2) It shall come into force at once.
16 of 1965. 2. In the Goa, Daman and Diu Civil Courts Act, 1965 (hereinafter referred to as the Amendment
principal Act), in section 20, in sub-section (4), for the words "one lakh rupees", the words of
section 20.
"five lakh rupees" shall be substituted.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]
Amendment 3. In the proviso to section 22 of the principal Act, for the words "one lakh rupees", the
of words "ten lakh rupees" shall be substituted.
section 22.
Amendment 4.In section 24 of the principal Act, in sub-section (1), in the proviso,—
of
(i) for the words "three thousand rupees", the words "twelve thousand rupees"
section 24.
shall be substituted;
(ii) for the words "one thousand five hundred rupees", the words "six thousand
rupees" shall be substituted.
Amendment of 5. In section 25 of the principal Act, in sub-section (2), in the proviso, for the words
section 25. "one lakh rupees", the words "ten lakh rupees" shall be substituted.
Insertion of 6.After section 25 of the principal Act, the following shall be inserted, namely:—
new section
25A.
Transfer of "25A. On the commencement of the Daman and Diu Civil Courts (Amendment)
pending suits 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 or de 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—15GI(S3)—05-04-2019.