State · Tamil Nadu

Section 3 of The Madras City Civil Court Act, 1892

The Local Government may, by notification in the official Gazette, establish a Court, to be called the Madras City Civil Court, with jurisdiction to receive, try and dispose of all suits and other proceedings of a civil nature not exceeding two thousand five hundred rupees in value and arising within the City of Madras, except suits or proceedings which are cognizable—

(a)by the High Court as a Court of Admiralty or Vice-Admiralty or as a Colonial Court of Admiralty, or as a Court having testamentary, intestate or matrimonial jurisdiction, or
(b)by the Court for the relief of inso0lvent debtors, or
(c)by the Small Cause Court.

Summary

The Local Government has the power to set up the Madras City Civil Court through an official announcement.
This court can handle civil suits and proceedings that happen within the City of Madras.
The value of the cases the court hears cannot be more than two thousand five hundred rupees.
The court cannot hear cases that belong to the High Court's special departments, like maritime law or wills.
It also cannot handle cases involving insolvent debtors (people who cannot pay their debts) or cases meant for the Small Cause Court.

Practical examples

1In March 1895, Mr. Naidu wants to sue a neighbor for 1,500 rupees over a property dispute in Madras. Since this is under the 2,500 rupee limit and not a special High Court matter, he can use the City Court.

2Mrs. Kapoor has a dispute over a will (testamentary jurisdiction). Even if the value is only 500 rupees, Section 3 says the City Court cannot hear it because it is reserved for the High Court.

3A company tries to sue a former partner for 5,000 rupees in the City Court in 1893. The court refuses the case because the value exceeds the 2,500 rupee limit set by Section 3.

FAQ

1. Who has the authority to establish the City Court?

The Local Government establishes the court by a notification in the official Gazette.

2. What is the maximum value of a suit that this court can hear?

The court can hear suits and proceedings not exceeding two thousand five hundred rupees in value.

3. Can this court handle cases for people who are bankrupt?

No, it cannot hear proceedings that are cognizable by the Court for the relief of insolvent debtors.

4. Does the court handle cases from outside Madras?

No, the proceedings must arise within the City of Madras.

Test yourself

Q1.Under Section 3 of The Madras City Civil Court Act, 1892, what is the maximum value for a suit to be heard in the City Court?

Q2.According to Section 3 of The Madras City Civil Court Act, 1892, who establishes the court?

Q3.Under Section 3 of The Madras City Civil Court Act, 1892, which type of case is specifically excluded from the City Court's power?

Q4.If a case is meant for the Small Cause Court, can the City Court hear it under Section 3 of The Madras City Civil Court Act, 1892?

Q5.Under Section 3 of The Madras City Civil Court Act, 1892, what is required for the establishment of the court to be official?

Q6.How does the definition of City of Madras in Section 2 limit the power of the court described in Section 3?

2PreviousSection 2 Definitions.4NextSection 4 Appointment, suspension and removal of Judges.

←Section 2 Section 4→