CONSTITUTION AND POWER OF COURTCentral

Section 3 of THE PROVINCIAL INSOLVENCY ACT, 1920

(1)The District Courts shall be the Courts having jurisdiction under this Act: Provided that the State Government may, by notification in the Official Gazette, invest any Court subordinate to a District Court with jurisdiction in any class of cases, and any Court so invested shall within the local limits of its jurisdiction have concurrent jurisdiction with the District Court under this Act. 1. The words “in the Provinces of India” rep. by the A.O. 1950. 2. The words “and the town of Karachi” rep. by the A.O.1948. In the long title the word “Karachi” had been subs. by the A.O. 1937 for “Rangoon”. In the preamble the words “town of Karachi” had been subs. by the A.O.1937 for “towns of Rangoon and Karachi” which had been substituted by Act 9 of 1926, s.11, for “town of Rangoon”.

↩3.Subs. by A.O. 1950 for “all the Provinces of India expect”

↩4.Subs. by the Adaptation of Laws (No. 3) Order , 1956, for “Part B States”.

Summary

(1) The District Courts shall be the Courts having jurisdiction under this Act: Provided that the State Government may, by notification in the Official Gazette, invest any Court subordinate to a District Court with jurisdiction in any class of cases, and any Court so invested shall within the local.

Practical examples

1Vikram wants to file for insolvency in a district outside of a presidency town. He must go to the District Court, as it has the primary power to hear such cases under this law.

2The State Government decides that a smaller local court should also handle certain insolvency cases. They publish a notice in the Official Gazette to give that court the same power as the District Court for those cases.

FAQ

1. Which court has the main power under the Provincial Insolvency Act, 1920?

Section 3 of the Provincial Insolvency Act, 1920 specifies that District Courts shall be the courts having jurisdiction under this Act.

2. Can other courts besides District Courts have power under the Provincial Insolvency Act, 1920?

Yes, Section 3 of the Provincial Insolvency Act, 1920 says the State Government can invest subordinate courts with concurrent jurisdiction through a notification in the Official Gazette.

3. Is a Court of Small Causes considered part of this system in the Provincial Insolvency Act, 1920?

Section 3 of the Provincial Insolvency Act, 1920 states that a Court of Small Causes is deemed to be subordinate to the District Court for the purposes of this Act.

Test yourself

Q1.According to Section 3 of the Provincial Insolvency Act, 1920, which court has original jurisdiction?

Q2.Under Section 3 of the Provincial Insolvency Act, 1920, how can a subordinate court get the power to hear insolvency cases?

Q3.What is the relationship between a Court of Small Causes and a District Court under Section 3 of the Provincial Insolvency Act, 1920?

Q4.What kind of jurisdiction does a subordinate court have if it is invested with power under Section 3 of the Provincial Insolvency Act, 1920?

2PreviousSection 2 Definitions.5NextSection 5 The following had been subs. by Act 9 of 1926, s. 11, for “and of the town of Rangoon” :“the town of Rangoon and the limits of the ordinary original civil jurisdiction of the Court of the Judicial commissioner of Sind

←Section 2 Section 5→