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State of West Bengal - Section

Section 97 in The Presidency Small Cause Courts Act, 1882

97. Limitation of prosecutions.

- All prosecutions for anything purporting to done under this Act must be commenced within three months after the offence was committed.* * * * * * * * * * * * * *
"The First Schedule" repealed by Act 1 of 1938 and W.B. Act 7 of 1948, which was as under :-"The First Schedule.(Seesection 2.)Enactments RepealedA. - Charters of the Supreme Courts.Date - - Extent of repeal26th March, 1774 - Charter of the Supreme Court at Fort William - Clause 2126th March, 1800 - Charter of the Supreme Court at Madras - Clause 478th December, 1823 - Charter of the Supreme Court at Bombay - Clause 59B. - Acts of the Governor General in CouncilName of the year - Subject or short title - Extent of repealIX of 1850 .... - For the more easy recovery of small debts and demands in Calcutta, Madras and Bombay. - So much as has not been repealed.XX of 1857 .... - To amend Act IX of 1850 .... - The wholeXXVI of 1864 .... - To extend the jurisdiction of the Courts of Small Causes at Calcutta, Madras and Bombay, and to provide for the appointment of an increased number of Judges of these Courts.I of 1875 .... - To regulate Distresses for Rents in the rents in the Presidency-towns. -X of 1877 - The Code of Civil Procedure - Section 8, para 2C. - Acts of the Governor of Bombay in CouncilName of the year - Subject - Extent of repealVI of 1864 ... - For the better regulation of the diet-money of persons imprisoned by the Bombay Court of Small Causes. - So much as has not been repealed.".
* * * * * * * * * * * * * *
"The Second Schedule" repealed by Act 1 of 1895, which was as under :-'The Second Schedule(See section 23.)Portions of Civil Procedure Code Extending to CourtPreliminary.- Section 2, Interpretation clause.CHAPTER I. - Of the Jurisdiction of the Courts andRes Judicata, except section 11.CHAPTER II. - Of the Place of suing, except sections 15 to 19 (both inclusive), section 20, paragraph 4, sections 22, 23 and 24 and section 25, paragraphs 2 and 3.CHAPTER III. - Of Parties and their Appearances, Applications and Acts, except section 37, clause (b) and the last paragraph.CHAPTER IV. - Of the Frame of the Suits, except section 42 and section 44, rule a.CHAPTER V. - Of Institution of Suits, except section 53, clause (e), section 55, section 57, clause (b), and sections 58 and 62.CHAPTER VI. - Of the Issue and Service of Summons, except, in section 64, the words 'and the copies or concise statements required by section 58 have been filed,' and sections 65, 66 and 86.CHAPTER VII. - Of the Appearance of the Parties and Consequence of Non-appearance.CHAPTER VIII. - Of written statements and set-off, except sections 110, 112 and 113.CHAPTER IX. - Of the Examination of the Parties by the Court, except section 119.CHAPTER X. - Sending for Records and Production, & c., of Documents, sections 37 (except paragraph 2), 138, 140 (except the proviso and the last six words), 141 (except the third sentence) 142, 143 and 145.CHAPTER XI. - Settlement of issues, sections 150 and 151.CHAPTER XII. - Disposal of the suit at the first hearing, except sections 154 and 155.CHAPTER XIII. - Of Adjournments.CHAPTER XIV. - Of the Summoning and Attendance of witnesses, except sections 168, 169, 170 and 175.CHAPTER XV. - Of the Hearing of the Suit and Examination of witnesses, except sections 182 to 191 (both inclusive).CHAPTER XVI. - Of Affidavits.CHAPTER XVII. - Of Judgment and Decree, except sections 200, 201, 202, 204, 207 and 211 to 215 (both inclusive).CHAPTER XVIII. - Of costs.CHAPTER XIX. - Of the Execution of decrees, section 230, first two clauses, sections 231 to 236 (both inclusive), 243 to 259 (both inclusive), 266 (so far as relates to the attachment of moveable property or decrees therefor), 267 to 272 (both inclusive), 273 (so far as relates to decrees for moveable property), 275 to 303 (both inclusive), 328 to 333 (both inclusive), 336 (except the last three clauses), and 337 to 343 (both inclusive).CHAPTER XXI. - Of Death, Marriage and Insolvency of Parties.CHAPTER XXII. - Of the withdrawal and Adjustment of suits.CHAPTER XXIII. - Of payment into Court.CHAPTER XXIV. - Of Requiring Security for Costs.CHAPTER XXV. - Of Commissions, except section 396.CHAPTER XXVII. - Suits by or against Government.CHAPTER XXVIII. - Suits by Aliens and by and against Foreign and Native Rules, except section 433.CHAPTER XXIX. - Suits by and against Corporations and Companies.CHAPTER XXX. - Suits by and against Trustees, Executors and Administrators.CHAPTER XXXI. - Suits by and against Minors and Persons of Unsound Mind.CHAPTER XXXII. - Suits by and against Military Men.CHAPTER XXXIII. - Interpleader.CHAPTER XXXIV. - Of Arrest and Attachment before Judgment, except as regards the attachment of immoveable property.CHAPTER XXXV. - Interlocutory orders, sections 498, 499, 500 and 502.CHAPTER XXXVI. - Appointment of Receivers, section 503.CHAPTER XXXVII. - Reference to Arbitration, except the provisions of section 522 as to appeals.CHAPTER XXXVIII. - Of Proceedings on agreement of Parties, except so much of section 527, clause (b), as relates to immovable property.CHAPTER XLVI. - Of Reference to and Revision by High Court.CHAPTER XLIX. - Miscellaneous, sections 640 to 651 (both inclusive).".
The Third ScheduleFormsA(See section 53)In the Small Cause Court forA. B._____________(plaintiff).versusC. D._____________(defendant).A. B., of ___________________, in the town of __________________________, make the oath [or affirms] and saith that C. D. __________________, of ____________, is justly indebted to _____________________ in the sum of Rs. ___________________ for arrears of rent of the house and premises No. ___________, situated at ________________, in the town of ______________, due for _____________ months, to wit, from ______________________ to, at the rate of Rs. ____________________ per mensem.Sworn [or affirmed] before me the ________________________ day of ____________ 188:Judge [or Registrar]:B[See section 54.]In the Small Cause Court forForm of WarrantI hereby direct you to distrain the moveable property of C. D., on the house and premises situate at No. __________________, in the town of _____________, for the sum of Rs. and the costs of the distress, according the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882.Dated day of 18.....(Signed and sealed.)To E. F., Bailiff and Appraiser.C[See section 59.]In the Small Cause Court forForm of Inventory and Notice.(State particulars of property seized.)Take notice that I have this day seized the movable property contained in the above inventory for the sum of ___________________ Rs., being the amount of months' rent due to A. B., at ______________________ last, and that unless you pay the amount thereof, together with the costs of this distress, within five days from the date hereof, or obtain an order from one of the Judges or the Registrar of the Small Cause Court to the contrary, the same will be appraised and sold pursuant to the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882.Date the day of 18(Signed)E.F.,Bailiff and Appraiser.To C.D.D(See section 64.)In the Small Cause Court forTake notice that we have appraised the movable property seized on the _____________ day of ___________, under the provisions of Chapter VIII of the Presidency Small Cause Courts Act, 1882, of which seizure and property a notice and inventory were duly served upon you (or upon on your behalf, as the case may be) under date the _______________________ and that the said property will be sold on the __________________ [two clear days' at least after the date of the notice] at ________________ pursuant to the provisions of the said Act. Dated this ___________________ day of ______________ 18.(Signed E.F.,G.H.,To C.D.Bailiffs and Appraisers.E(See section 66.)In the Small cause Court forScale of fees to be levied in Distraints for House Rent.
Sums sued for Affidavit and warrant to distrain Order to sell Commission Total
Rs. Rs. Rs. p Rs. p Rs. p Rs. p
1 and under5 0.25 0.50 0.50 1.25
5 and under10 0.50 0.50 1.00 2.00
10 and under15 0.50 0.50 1.50 2.50
15 and under20 0.50 1.00 2.00 3.50
20 and under25 0.75 1.00 2.50 4.25
25 and under30 1.00 1.00 3.00 5.00
30 and under35 1.00 1.00 3.50 5.50
35 and under40 1.00 1.50 4.00 6.50
40 and under45 1.25 2.00 4.50 7.75
45 and under50 1.50 2.00 5.00 8.50
50 and under60 2.00 2.00 6.00 10.00
60 and under80 2.50 2.50 6.50 11.50
80to100 3.00 3.00 7.00 13.00
upwardsof 100 3.00 3.00 7per centum  
The above scale includes all expenses, except in suits where the tenant disputes landlord's claim and witness have to be subpoenaed, in which case each subpoena for sums under Rs. 40 must be paid for at twenty-five paise each and seventy-five paise above that amount; and also where peons are kept in charge of property distrained, such sum not exceeding fifty paise per day as may be fixed from time to time by the Chief Judge must be paid per man.
Part E of the Third Schedule substituted by W. B. Act 32 of 1969, which was earlier as under :-"E(Seesection 66.)In the Small Cause Court forScale of Fees to be levied in Distraints for House-rent.Sums sued for - Affidavit and warrant to distrain - Order to sell - Commission - TotalRs. - Rs. - Rs. A. P. - Rs. A. P. - Rs. A. P. - Rs. A. P.1 and under 5..... - 0 4 0 - 0 8 0 - 0 8 0 -5 " 10..... - 0 8 0 - 0 8 0 - 1 0 0 - 1 4 010 " 15..... - 0 8 0 - 0 8 0 - 1 8 0 - 2 0 015 " 20..... - 0 8 0 - 1 0 0 - 2 0 0 - 2 8 020 " 25..... - 0 12 0 - 1 0 0 - 2 8 0 - 3 8 025 " 30..... - 1 0 0 - 1 0 0 - 3 0 0 - 4 4 030 " 35..... - 1 0 0 - 1 0 0 - 3 8 0 - 5 0 035 " 40..... - 1 0 0 - 1 8 0 - 4 0 0 - 6 8 040 " 45..... - 1 4 0 - 2 0 0 - 4 8 0 - 7 12 045 " 50..... - 1 8 0 - 2 0 0 - 5 0 0 - 8 8 050 " 60..... - 2 0 0 - 2 0 0 - 6 0 0 - 10 0 060 " 80..... - 2 8 0 - 2 8 0 - 6 8 0 - 11 8 080 " 100..... - 3 0 0 - 3 0 0 - 7 0 0 - 13 0 0Upwards of 100..... - 3 0 0 - 3 0 0 - 7 per centum.The above scale includes all expenses, except in suits where the tenant disputes the landlord's claim and witness have to be subpoenaed, in which case each subpoena for sums under Rs. 40 must be paid for at four annas each, and twelve annas above that amount; and also where peons ate kept in charge of property distrained, such sum not exceeding eight annas per day as may be fixed from time to time by the Chief Judge must be paid man.".
The Fourth Schedule[See section 72.]Fees for Summonses and other Processes
When the amount or value of the subject-matterexceeds. But does not exceed Fee for summonses Fee for other processes
Rs. Rs. Rs. p. Rs. p.
0 10 0.15 0.15
10 20 0.25 0.25
20 50 0.50 0.50
50 100 1.00 1.00
100 200 1.25 2.00
200 300 1.50 3.00
300 400 1.75 4.00
400 500 2.00 5.00
500 600 2.25 6.00
600 700 2.50 7.00
700 800 2.75 8.00
800 900 3.00 9.00
900 1,000 3.25 10.00
1,000 1,100 3.40 10.50
1,100 1,200 3.50 11.00
1,200 1,300 3.65 11.50
1,300 1,400 3.75 12.00
1,400 1,500 3.90 12.50
1,500 1,600 4.00 13.00
1,600 1,700 4.15 13.50
1,700 1,800 4.30 14.00
1,800 1,900 4.45 14.50
1,900 2,000 4.60 15.00
2,000 2,200 4.75 15.50
2,200 2,400 4.90 16.00
2,400 2,600 5.05 16.50
2,600 2,800 5.20 17.00
2,800 3,000 5.35 17.50
3,000 3,200 5.45 17.75
3,200 3,400 5.55 18.00
3,400 3,600 5.65 18.25
3,600 3,800 5.75 18.50
3,800 4,000 5.85 19.00
4,000 4,200 5.95 19.15
4,200 4,400 6.05 19.30
4,400 4,600 6.20 19.45
4,600 4,800 6.30 19.60
4,800 5,000 6.40 19.75
5,000 5,200 6.65 20.25
5,200 5,400 6.90 20.75
5,400 5,600 7.15 21.25
5,600 5,800 7.40 21.75
5,800 6,000 7.65 22.25
6,000 6,200 7.90 22.75
6,200 6,400 8.15 23.25
6,400 6,600 8.40 23.75
6,600 6,800 8.65 24.25
6,800 7,000 8.90 24.75
7,000 7,200 9.15 25.25
7,200 7,400 9.40 25.75
7,400 7,600 9.65 26.25
7,600 7,800 9.90 26.75
7,800 8,000 10.15 27.25
8,000 8,200 10.40 27.75
8,200 8,400 10.65 28.25
8,400 8,600 10.90 28.75
8,600 8,800 11.15 29.25
8,800 9,000 11.40 29.75
9,000 9,200 11.65 30.25
9,200 9,400 11.90 30.75
9,400 9,600 12.15 31.25
9,600 9,800 12.40 31.75
9,800 10,000 12.65 32.25 .".
The Fourth Schedule first substituted by W.B. Act 32 of 1969, then again substituted by W. B. Act 60 of 1978, which was earlier as under :-"The Fourth Schedule[Seesection 72.]Fees For Summonses And Other Processes.When the amount or value of the subject-matter exceeds - But does not exceed - Fee for summonses - Fee for other processesRs. - Rs. - Rs. p. - Rs. p.0 - 10 - 0.15 - 0.1510 - 20 - 0.25 - 0.2520 - 50 - 0.50 - 0.5050 - 100 - 1.00 - 1.00100 - 200 - 1.25 - 2.00200 - 300 - 1.50 - 3.00300 - 400 - 1.75 - 4.60400 - 500 - 2.00 - 5.00500 - 600 - 2.25 - 6.00600 - 700 - 2.50 - 7.00700 - 800 - 2.75 - 8.00800 - 900 - 3.00 - 9.00900 - 1,000 - 3.25 - 10.001,000 - 1,100 - 3.40 - 10.501,100 - 1,200 - 3.50 - 11.001,200 - 1,300 - 3.65 - 11.501,300 - 1,400 - 3.75 - 12.001,400 - 1,500 - 3.90 - 12.501,500 - 1,600 - 4.00 - 13.001,600 - 1,700 - 4.15 - 13.501,700 - 1,800 - 4.30 - 14.001,800 - 1,900 - 4.45 - 14.501,900 - 2,000 - 4.60 - 15.002,000 - 2,200 - 4.75 - 15.502,200 - 2,400 - 4.90 - 16.002,400 - 2,600 - 5.05 - 16.502,600 - 2,800 - 5.20 - 17.002,800 - 3,000 - 5.35 - 17.503,000 - 3,200 - 5.45 - 17.753,200 - 3,400 - 5.55 - 18.003,400 - 3,600 - 5.65 - 18.253,600 - 3,800 - 5.75 - 18.503,800 - 4,000 - 5.85 - 19.004,000 - 4,200 - 5.95 - 19.154,200 - 4,400 - 6.05 - 19.304,400 - 4,600 - 6.20 - 19.454,600 - 4,800 - 6.30 - 19.604,800 - 5,000 - 6.40 - 19.75.".
[The Fifth Schedule.] [The Fifth Schedule inserted by Bengal Act 8 of 1934.][See section 72B.]Applications -
(1)for leave to sue,
(2)for leave to sue as a pauper,
(3)for amendment of the pleadings except for a slight amendment of the cause-title only,
(4)for appointment of a guardian ad litem for a minor defendant or opposite party.
(5)for substitution of the successor of a deceased party or of the transferee of a party.
(6)for issue of a commission, to examine a witness or to hold a local inspection,
(7)for an account to be taken by the Court accountant or by any other person,
(8)for payment of a decretal debt by instalments, except applications made on which the decree is passed,
(9)for execution of a decree or order,
(10)complaining against resistance to attachment,
(11)claiming attached property,
(12)by the decree-holder for permission to bid at a sale,
(13)for permission to draw money from Court -
(a)without production, by the plaintiff, of the plaint-receipt granted to him or without production, by the defendant, of the summons served on him,
(b)on the day the money is deposited in Court,
(14)by a third party for permission to take certified copy of proceedings,
(15)for purposes other than those specified above, on which the Court orders that notice be issued on the opposite party.