Section 16 of The Presidency Small Cause Courts Act, 1882
All questions, other than questions relating to procedure or practice, which arise in suits or other proceedings under this Act in the Small Cause Court shall be dealt with and determined according to the law for the time being administered by the High Court in the exercise of its ordinary original civil jurisdiction.
Summary
- It establishes that the court must decide all substantive legal questions according to the law followed by the High Court.
- It specifies that this rule applies to questions arising in any lawsuits or other proceedings under the Act.
- It excludes questions of procedure or practice, which can be governed by the Small Cause Court's own rules, from this requirement.
- It references the High Court's ordinary original civil jurisdiction, meaning the standard civil law applied by the High Court in its own direct trials.
Practical examples
FAQ
1. What substantive law must the Small Cause Court apply under Section 16 of the Presidency Small Cause Courts Act, 1882?
Under Section 16 of the Presidency Small Cause Courts Act, 1882, the court must decide substantive questions according to the law administered by the local High Court in its ordinary original civil jurisdiction.
2. Does Section 16 of the Presidency Small Cause Courts Act, 1882 require the court to follow High Court rules for everyday procedure and practice?
No, Section 16 of the Presidency Small Cause Courts Act, 1882 explicitly excludes questions relating to procedure or practice from this rule.
3. Under Section 16 of the Presidency Small Cause Courts Act, 1882, what does ordinary original civil jurisdiction refer to?
This refers to the standard authority of the High Court to hear and decide civil cases directly in the first instance, rather than on appeal.
4. Does Section 16 of the Presidency Small Cause Courts Act, 1882 apply to all proceedings or just formal lawsuits?
It applies to all questions arising in both suits, meaning lawsuits, and other proceedings, which are other legal actions, under the Act.
Test yourself
Q1.Under Section 16 of the Presidency Small Cause Courts Act, 1882, which types of questions are EXCLUDED from the rule that the court must follow High Court law?
Q2.Under Section 16 of the Presidency Small Cause Courts Act, 1882, the Small Cause Court must decide substantive questions according to the law administered by the High Court in the exercise of which jurisdiction?
Q3.Under Section 16 of the Presidency Small Cause Courts Act, 1882, if a question about the validity of a partnership agreement arises in a civil proceeding, how must the court determine it?
Q4.If the Registrar is invested with the powers of a Judge under Section 14 of the Presidency Small Cause Courts Act, 1882, which law must they apply to decide a substantive legal question in a suit under Section 16?