Section 34 of The Presidency Small Cause Courts Act, 1882
The suits cognizable by the Registrar under section 14 shall be heard and determined by him in like manner in all respects as a Judge of the Court might hear and determine the same: Proviso.—Provided that, subject to the control of the Chief Judge, any Judge of the Court may, whenever he thinks fit, transfer to his own file any suit on the file of the Registrar.
Summary
- It requires the Registrar to hear and decide certain lawsuits, which are civil court cases, in the exact same manner as a Judge would.
- This power applies specifically to small lawsuits that are legally under the Registrar's authority.
- It gives any regular Judge of the court the power to take any lawsuit away from the Registrar and transfer it to the Judge's own file.
- This transfer of cases by a Judge is subject to the general control of the Chief Judge of the court.
Practical examples
FAQ
1. Can a Judge take over a case that is being heard by the Registrar under Section 34 of the Presidency Small Cause Courts Act, 1882?
Yes, under Section 34 of the Presidency Small Cause Courts Act, 1882, any Judge of the court can transfer any suit from the Registrar's file to their own file.
2. How must the Registrar hear lawsuits under Section 34 of the Presidency Small Cause Courts Act, 1882?
Under Section 34 of the Presidency Small Cause Courts Act, 1882, the Registrar must hear and determine suits in the exact same manner in all respects as a Judge of the court would.
3. Who controls a Judge's power to transfer cases from the Registrar under Section 34 of the Presidency Small Cause Courts Act, 1882?
Under Section 34 of the Presidency Small Cause Courts Act, 1882, a Judge's power to transfer a suit is subject to the control of the Chief Judge of the court.
4. Which suits is the Registrar allowed to hear under Section 34 of the Presidency Small Cause Courts Act, 1882?
Under Section 34 of the Presidency Small Cause Courts Act, 1882, the Registrar is authorized to hear and determine suits that are cognizable by, meaning within the legal power of, the Registrar under Section 14 of the Act.
Test yourself
Q1.Under Section 34 of the Presidency Small Cause Courts Act, 1882, whose control is a Judge's power to transfer a suit from the Registrar's file subject to?
Q2.Under Section 34 of the Presidency Small Cause Courts Act, 1882, how does the Registrar's authority to decide suits compare to a Judge's authority?
Q3.Under Section 34 of the Presidency Small Cause Courts Act, 1882, which other section of the Act determines which suits are cognizable by the Registrar?
Q4.Under Section 34 of the Presidency Small Cause Courts Act, 1882, when can a Judge of the court transfer a suit from the Registrar's file to their own file?