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PRESIDENCY SMALL CAUSE COURTS, CODE OF CIVIL PROCEDURE AND TAMIL NADU COURT-FEES AND SUITS VALUATION (AMENDMENT) ACT, 1979
PRESIDENCY SMALL CAUSE COURTS, CODE OF CIVIL PROCEDURE AND TAMIL NADU COURT-FEES AND SUITS VALUATION (AMENDMENT) ACT, 1979.
Tamil Nadu Government Gazette Extraordinary Published by Authority No.215 Madras, Wednesday July 18, 1979 (Adi 2, Chitharthi
(2010 – Tiruvalluvar Andu ) Part IV- Section 2, Page 227
The following Act of the Tamil Nadu Legislature received the assent of the President on the 11th July 1979 and is hereby published for general information :-
ACT NO 43 OF 1979
(l..A. Bill No. 24 of 1979, Tamil Nadu Government Gazette Extraordinary, No. 124, Madras, Friday April 25, 1979, Part IV, Section 1, Pages 127, 128.
Statement of Objects and Reasons
The Tamil Nadu Court – fee and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955) does not apply to proceedings in the presidency Court of Small Causes, Madras and the fees payable in respect of the proceedings in the presidency court of small causes, madras are governed by Chapter X of the Presidency Small Cause Court Act, 1882 (Central Act XV of 1882). It has been suggested to the Government that the provisions of the Tamil Nadu Court-fees and Suits Valuation Act, 1955 may be made applicable to the proceedings before the presidency court of small causes, madras so that there may be uniformity to the levy of court-fees in all the courts in this State. The High court, Madras has commended the suggestion. The Government have, therefore decided to apply the Tamil Nadu Court-fees and suits valuation act, 1955 the proceedings under the presidency small cause courts act, 1882 by amending the said acts and to make consequential amendments to the code of civil procedure, 1908).
An act further to amend the presidency small cause courts act, 1882, the code of civil procedure, 1908 and the Tamil Nadu court fees and suits valuation act, 1955.
Be it enacted by the Legislature of the State of Tamil Nadu in the Thirtieth year of the Republic of India as follows:-
1. Short title, extend and commencement.- (1) This Act may be called the presidency Small cause courts, code of civil procedure and Tamil Nadu court-fees and suits valuation (amendment) act, 1979.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Omission of Chapter X, Central Act XV of 1882 – Chapter X of the Presidency Small Cause Courts Act, 1882 (Central Act XV of 1882) (hereinafter referred to as the principal act) shall be omitted.
3. Omission of the Fourth and Fifth Schedules to Central Act XV of 1882. – The Fourth and Fifth Schedules to the Principal Act shall be omitted.
4. Amendment of Central Act V of 1908 – In the Code of Civil Procedure 1908 (Central Act V of 1908) in the first Schedule in Order LI in rule 1, for the expression “and rule 4 of Order XXVI” the expression “rule 4 of Order XXVI and Order XXXIII” shall be substituted.
5. Amendment of section 2, Tamil Nadu Act XIV of 1955 - In section 2 of the Tamil Nadu Court – Fees and Suits Valuation Act, 1955 (Tamil Nadu Act XIV of 1955), iin sub-section (1) , clause (a) shall be omitted and the provisions of the said Tamil Nadu court – fees and suits valuation act, 1955 shall apply to proceedings in the presidency court of small cause, madras.
