PUNJAB COURTS ACT 1918

➢ Classes of Civil Courts

➢ Appointing Authority of
• Courts
➢ Jurisdiction
➢ Powers and control of
• courts
➢ Appeal and Revision
• Provisions
What is the need of Punjab Courts
Act, When Courts are Classified by
Civil Procedure Code 1908
➢ Ganpat vs. Smt. Rama Devi AIR 1978 P&H
137
• CPC is general law whereas PCA is
Special legislation
• The Scope of CPC is wide whereas PCA
is limited to area and subject matter
• Difference in Section 41 PCA and
Section 100 CPC (Second Appeal)
 Brief History of PCA 1918
➢ Punjab Court Act 1914
• Assent of Lt. Governor ..15 Jan 1914
• Assent of Governor General .27 Apr 1914
• Published in official gazette .22 may 1914
➢ Punjab Court Act 1918
• Assent of Lt. Governor .. 30 May 1918
• Assent of Governor general .12 June 1918
• Published in Official Gazette .12 July 1918
 Defects in PCA 1914
➢ Section 39 (b) not passed appropriately.
➢ Doubts regarding things done under the
Act
Purpose Of Punjab Courts Act 1918
• To validate things done under PCA 1914
• To repeal PCA 1914
• To enact laws relating to courts in
Punjab(Haryana)
• To save things which may be valid.
Validation Of acts (Section 3(2))
• Decided Appeals
• Pending Appeals before commencement
• Appeals filed at the commencement of Act
 Classes of Civil Courts
• The Court of District Judge
• The Court of Additional District judge
• The Court of Civil Judge (senior division)
• The Court of Civil Judge (Junior Division)
• Court of Small Causes
• Special judges
• Benches (uneven number)
Is there any difference between Additional District
Judge and the Court of Additional District Judge.

• Kuldip Singh vs. State of Punjab AIR 1956

SC 391
• The Court of Additional District Judge is
Separate and distinct court whereas
Additional District Judge is a division court
of District judge
 Position, Powers and Functions Of
District Judge
• Principal Civil Court of Original Jurisdiction(24
• Power to assign functions to ADJ (sec 21A)
• Power to withdraw proceedings from CJ
• Power to control civil courts within its limits (sec
33)
• Power to distribute business (sec 34)
• Power to fine ministerial officers (sec 36)
• Power to transfer appeals (sec 40 )
• Power to withdraw any appeal (sec 40 (2)
• Power to delegate power u/s 33,34
 SUPERINTENDENT POWERS OF
HIGH COURT
• HC general and special orders for ADJ’s dealings
• HC assign functions of DJ to ADJ(sec 21 A)
• HC confers powers on JM of CJ(sd)(jd)(sec 22(2)
• HC define local limits of jurisdiction of CJ’s(sec 27)
• HC confers power on CJ’s (sec 28)
• HC confers powers of small cause courts on CJ’s
• HC confers powers of DJ to CJ’s (sec 30(1)
• HC fix place of sittings (sec 31)
• Sanction of HC required (sec 37)
 Can Subordinate judges hear appeals from
the decrees or orders of subordinate judge ?
JURISDICTION OF DISTRICT COURT

• Original jurisdiction (section24)

• Section 25
• Appellate jurisdiction Section 39
• Restrictions (section 39(1) (a)
APPELLATE JURISDICTION OF HIGH
COURT
• DJ (orig.juris) Appeal To HC(sec 38)
• ADJ (Orig juris) Appeal to HC
• CJ(sd)(jd)
• Appeal to HC(39-1 b)
• Amendment in 1975
• (sec 39(2) (Cases transferred to DJ
from HC)
• ( Value less than 20,000)
APPELLATE JURISDICTION OF ADJ
• 39 (2-A)Appeal of DJ to ADJ
• 39 (2-B)Order of HC
 APPELLATE JURISDICTION OF CJ
(SD) (JD)
• Section 39 (3)
HC directions
Appeals lying to District judge
From the decision of CJ (SD) (JD)
To CJ (SD) (JD)
• Section 40
DJ orders
Transfer appeals
Pending before DJ
To CJ (SD) (JD)
REVISIONAL JURISDICTION OF HC
• Section 44
HC power to call for record
Decided by Subordinate Court
No appeal lies
• Grounds
Exceed Jurisdiction
Failed to exercise its jurisdiction
Illegality or Material irregularity
 SECOND APPEAL

• Section 41
• HC power to hear Second Appeal
• Decree passed by Subordinate judge
• Decree passed in appeals
• Grounds
• Decision contrary to law, customs or usages
• Decision failed to determine law, custom and
Usages
• Substantial Question of Law
• If Appellate Decree passed Ex Parte
Restrictions and Limitations on Second
Appeal
• Section 42
• No second Appeal if amount in small cause
case is less than 500.
• Section 44 A
• Second appeal with in 90 days
 Supplemental Provisions
• Section 45 Mode of conferring powers
• Section 46 Continuance of Powers of
officers
• Section 47 Control of list of holidays
• Section 50 Amendment of definition of
district judge in Punjab general clause Act
 Can District Judge make appointment to ministerial
posts in the office of the judge, small cause court ?

• Section 35 (3) of PCA the judge of Small

cause court was empowered to appoint
ministerial staff of his office. But now rules
have been replaced and repealed by
Punjab Sub Court establishment Rules
1997 according to which DJ can make
appointment of ministerial staff in his office
as well as in subordinate courts according
 IMPORTANT QUESTIONS
• What is the pecuniary limit of original and appellate jurisdiction fixed
by Punjab Courts Act 1918?
• Is senior sub judge is the same court as that of the sub judge Ist
class?
• Who can distribute the business to civil courts in Punjab?
• In what cases a sub judge can exercise the powers of a District
Court?
• Who is empowered to appoint special judges and benches under
PCA?
• What are the relevant grounds of filing appeal, second appeal and
revision under various sections of Punjab Courts Act 1918?
• Whether District Judge has power to withdraw the proceedings and
powers which has been conferred by High court on CJ (sd) (jd).
 Is Senior Sub Judge court is the same
as that of the Sub judge Ist class?
• Whether Act Create the Post of Senior Sub Judge or not
Section 39(3)
HC direction to transfer appeals
From CJ (SD) (JD) to Other CJ’s
Transferred court deemed as Court of DJ
Court with Enhanced powers termed as Senior Sub Judge

Gyan Prakash vs UOI AIR 1998 SC 137

The delegation of the powers of district judge to Senior Sub Judge for
administrative purpose does not make him District Judge.
Kuldip Singh vs. State of Punjab AIR 1956 SC 391
Senior Sub Judge is not the same court of Subordinate judge Ist class.
Court of Subordinate Sub judge is not Subordinate to Senior Sub Judge but
to District Judge.
 Petition writer
• 46 A
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