Section 40 of The Bengal, Agra and Assam Civil Courts Act, 1887
Summary
- This section lists specific parts of this Act that apply to Courts of Small Causes.
- The rules regarding holidays and vacations (Section 15) apply to Small Cause Courts.
- The rules regarding using religious law for Hindus and Muslims (Section 37) apply to Small Cause Courts.
- The rules prohibiting judges from hearing cases in which they are interested (Section 38) apply to Small Cause Courts.
- The rules defining which courts are subordinate to the District Court (Section 39) apply to Small Cause Courts.
- Most other sections of this Act do not apply to Small Cause Courts unless the Small Cause Courts Act itself says they do.
Practical examples
FAQ
1. Why are only these few sections picked for Small Cause Courts?
These sections cover fundamental matters like when the court is open, the laws used for personal disputes, and judge ethics, which are important for all courts.
2. Where can I find the other rules for Small Cause Courts?
Most of their other rules are found in the Provincial Small Cause Courts Act of 1887.
Test yourself
Q1.Under Section 40 of The Bengal, Agra and Assam Civil Courts Act, 1887, which of these sections specifically applies to Courts of Small Causes?
Q2.According to Section 40 of The Bengal, Agra and Assam Civil Courts Act, 1887, do the general sections of this Act (other than the ones listed) apply to Small Cause Courts?
Q3.Under Section 40 of The Bengal, Agra and Assam Civil Courts Act, 1887, if a Small Cause Judge has a conflict of interest, which section of the Act directs their conduct?
Q4.Under Section 40 of The Bengal, Agra and Assam Civil Courts Act, 1887, which section regarding the list of holidays and "close holidays" applies to Small Cause Courts?