Preliminary Punjab Courts Act, 1918

Received the assent of the Lieutenant-Governor of the Punjab on the 30th May 1918, and that of the Governor-General on the 12th June, 1918, and was first published in the Punjab Gazette of the 12th July, 1918.

An Act to validate all things done under the Punjab Courts Act, 1914 as amended by Punjab Act IV of 1914, to repeal the said Acts or so much of them as may be valid and to enact a law relating to Courts in Punjab, which is free from the defect described in the preamble.

Whereas, it appears that the Punjab Courts Act, 1914, as assented to by Lieutenant-Governor on 15th January, 1914 and by Governor General on 27th April, 1914, and as published in the Punjab Gazette on 22nd May, 1914, included a clause, namely, clause (b) of sub-section (1) of section 39 which had not been passed by the Legislative Council of the Lieutenant-Governor and whereas doubts have arisen as to the validity of things done under the said Act, and

Part.I .

1. Short title and extent. - (1) This Act may be called the Punjab Courts Act, 1918.

(2) It extends to [Punjab.]

2. Definitions. - In this Act -

the expression "the Punjab Courts Act, 1914" means what was published as the Punjab Courts Act, 1914, in Part V of the Punjab Gazette, dated 22nd May, 1914; and

the expression "Punjab Act IV of 1914" means what was published as Punjab Act IV of 1914, in Part V of the Punjab Gazette, dated 20th November, 1914.

3. Enactment of provisions relating to Courts in the Punjab. - (1) (a) The provisions contained in Part II of this Act are hereby enacted and shall be deemed to have had effect on and from the first day of August, 1914.

(b) The Punjab Courts Act, 1914, and Punjab Act, IV of 1914, or so much of them as may be valid, are repealed on and from the first day of August, 1914.

Chapter I

Preliminary

1. [ - ].

2. Repeal. - The enactment specified in the Schedule are hereby repealed to the extent mentioned in the fourth column thereof.

3. Definitions. - In this Part, unless there is something repugnant in the subject or context, -

(1) "Shall cause" means a suit of the nature cognizable by a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (IX of 1887);

(2) "Land-suit" means a suit relating to land as defined in section 4 (1) of the Punjab Tenancy Act, 1887, (XVI of 1887), or to any right or interest in such land;

(3) "Unclassed suit" means a suit which is neither a small cause nor a land suit; and

(4) "Value" used with reference to a suit means the amount or value of the subject-matter of the suit.

Chapter II

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