1 PART I PRELIMINARY-1. Short title and application.

(1) This Act may be cited as the Subordinate Courts Act 1948 .

*(2) This Act shall not apply to Sabah and Sarawak.

* NOTE - This Act is applicable to Sabah and Sarawak - vide P.U.(A) 357/1980.

2 PART I PRELIMINARY-2. Interpretation.

**(1) In this Act, unless the context otherwise requires-

  "Chief Judge"  means the Chief Judge of the High Court in Malaya or of the High Court in Sabah and Sarawak as the case may require;

  "High Court"  means the High Court in Malaya;

"  Magistrate appointed under this Act  " includes an ex-officio Magistrate;

"Penghulu" [Deleted by Act A1382 of the year 2010] ;

  "permanent resident"  has the meaning assigned by the Courts of Judicature Act 1964 [Act 91] ;

  "Registrar"  means the Registrar, Deputy Registrar, Senior Assistant Registrar or Assistant Registrar of the Subordinate Courts;

[Ins. by Act A1382 of the year 2010]

3 PART II GENERAL-3. Courts.

(1) [Deleted by Act 7 of 1964] .

*(2) There shall be established the following Subordinate Courts for the administration of civil and criminal law in Peninsular Malaysia:

(a) Sessions Courts;

(b) Magistrates'

[(b) Am. by Act A1382 of the year 2010]

(c) [Deleted by Act A1382 of the year 2010]

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* NOTE - For application in Sabah and Sarawak - see P.U.(A) 357/1980.

3A PART II GENERAL-3A. General power of the Chief Justice to issue direction.

The Chief Justice may, if the Chief Justice is of the opinion that the circumstances warrant and it is necessary in the interest of the dispensation of justice, public safety, public security, public health or propriety or for other sufficient reason to do so, issue any direction relating to the business of the Subordinate Courts as may be necessary.

[Modified by Act 829: s.54]

4 PART II GENERAL-4. Seals of courts.

Each court shall have and use as occasion may require a seal of such nature and pattern as the Chief Judge may, by notification in the Gazette, prescribe.

5 PART II GENERAL-5. Process of courts.

(1) All summonses, warrants, orders, rules, notices and mandatory processes whatsoever, whether civil or criminal shall-

(a) [Deleted by Act 7 of 1964];

(b) if issued or made by a Sessions Court, be signed by the Sessions Court Judge, or be signed, on behalf of the Sessions Court Judge, by a Magistrate of either class within the local limits of whose jurisdiction the Sessions Court is situate or by the Registrar of the Subordinate Courts; and

(c) if issued or made by a Magistrates' Court, be signed by a Magistrate of either class within the local limits of whose jurisdiction the Court is situate, or be signed by a Registrar of the Subordinate Courts situate in the same town or place as the Magistrates' Court,

[(b) and (c) Am. by Act A1382 of the year 2010]

(d) [Deleted by Act A1382 of the year 2010]

and every such summon

5A PART II GENERAL-5A. Registrar.

(1) The Registrar, Deputy Registrar and the Senior Assistant Registrar shall be appointed by the Yang di-Pertuan Agong on the recommendation of the Chief Justice.

(2) The Assistant Registrar of the Subordinate Courts shall be appointed in accordance with section 106.

[Ins. by Act A1382 of the year 2010]

6-12 PART III SUPREME COURT [DELETED]-6-12. [Deleted by Act 7 of 1964] .

13-42 PART IV COURT OF APPEAL [DELETED]-13-42. [Deleted by Act 7 of 1964] .

43-51 PART V HIGH COURT [DELETED]-43-51. [Deleted by Act 7 of 1964] .

52-53 Revision by High Court of Proceedings of Subordinate Courts-52-53. [Deleted by Act 7 of 1964] .

54 Revision by High Court of Proceedings of Subordinate Courts-54. Power of Sessions Court Judge to call for civil records of courts subordinate thereto.

(1) The Sessions Court Judge may call for and examine the record of any civil proceedings before a Magistrates' Court within the local limits of jurisdiction of the Sessions Court of which he is for the time being Sessions Court Judge for the purpose of satisfying himself as to the correctness, legality or propriety of any decision recorded or passed, and as to the regularity of any proceedings of that court.

(2) If a Sessions Court Judge acting under subsection (1) considers that any decision of a Magistrates' Court is illegal or improper, or that any such proceedings are irregular, he shall forward the record, with such remarks thereon as he thinks fit, to the High Court.

[Am. by Act A1382 of the year 2010]

55-58 Revision by High Court of Proceedings of Subordinate Courts-55-58. [Deleted by Act 7 of 1964] .

59 PART VI SESSIONS COURTS General-59. Constitution and territorial jurisdiction of Sessions Courts.

(1) The Yang di-Pertuan Agong may, by order, constitute so many Sessions Courts as he may think fit and shall have power, if he thinks fit, to assign local limits of jurisdiction thereto.

*(2) Subject to this Act or any other written law, a Sessions Court shall have jurisdiction to hear and determine any civil or criminal cause or matter arising within the local limits of jurisdiction assigned to it under this section, or, if no such local limits have been assigned, arising in any part of Peninsular Malaysia.

(3) Each Sessions Court shall be presided over by a Sessions Court Judge appointed by the Yang di-Pertuan Agong on the recommendation of the Chief Judge.

(4) Sessions Courts shall ordinarily be held at such places as the Chief Judge may direct, but should necessity arise they may also be held at any other place within the limits of their jurisdiction.

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* NOTE - For jurisdiction of Sessions Court in

60 PART VI SESSIONS COURTS General-60. Qualification of Sessions Courts Judges.

No person shall be appointed to be a Sessions Court Judge unless he is a member of the Judicial and Legal Service of the Federation:

Provided that this section shall not prevent the appointment of a person to act temporarily as a Sessions Court Judge.

61 PART VI SESSIONS COURTS General-61. Transfer of powers to Sessions Courts Judges.

*Subject to the provisions and limitations contained in this Act, all powers, duties and functions which, by any written law in force in Peninsular Malaysia or any part thereof at the date of the commencement of this Act, or by any law passed or made before the commencement of this Act and coming into force after such commencement in Peninsular Malaysia or any part thereof, were vested in or conferred or imposed upon, or expressed to be vested in, conferred or imposed upon or which would, if this Act had not been passed, have been vested in or conferred or imposed upon a District Judge, Magistrate of any description or Coroner of Peninsular Malaysia shall, without prejudice to section 80, be vested in, conferred and imposed upon a Sessions Court Judge, in the case of a law in force at the date of the commencement of this Act, upon and after that date, and in the case of a law coming into force after the commencement of this Act upon and after the date

62 PART VI SESSIONS COURTS General-62. Nature of business at any sitting.

At any sitting of a Sessions Court both civil and criminal causes and matters may be heard, determined and dealt with, or either one or the other.

63 Criminal Jurisdiction of Sessions Courts-63. Criminal jurisdiction.

A Sessions Court shall have jurisdiction to try all offences other than offences punishable with death.

64 Criminal Jurisdiction of Sessions Courts-64. Sentences.

A Sessions Court may pass any sentence allowed by law other than the sentence of death.

65 CIVIL JURISDICTION OF SESSIONS COURTS-65. Civil jurisdiction of Sessions Courts.

(1) Subject to the limitations contained in this Act, a Sessions Court shall have-

(a) unlimited jurisdiction to try all actions and suits of a civil nature in respect of motor vehicle accidents, landlord and tenant and distress;

[(1)(a) Am.Act A1382 of the year 2010]

(b) jurisdiction to try all other actions and suits of a civil nature where the amount in dispute or the value of the subject matter does not exceed one million ringgit; and

[(b) Am. by Act A1382 of the year 2010]

(c) without prejudice to the generality of paragraph (b), jurisdiction to try all actions and suits of a civil nature for the specific performance or rescission of contracts or for cancellation or rectification of instruments, within the jurisdiction of the Sessions Court.

[(c) Ins. by Act A1382 of the year 2010]

66 CIVIL JURISDICTION OF SESSIONS COURTS-66. Counterclaims in Sessions Courts and transfers therefrom.

(1) Where in any action or suit of a civil nature before a Sessions Court any defence or counterclaim of the defendant involves matters beyond the jurisdiction of the Court, the defence or matter shall not affect the competence or the duty of the Sessions Court to dispose of the whole matter in controversy, so far as relates to the demand of the plaintiff and any defence thereto, but no relief exceeding that which the Court has Jurisdiction to award shall be given to the defendant upon the counterclaim.

(2) In any such case the High Court may, if it thinks fit, on the application of any party, order that the action or suit be transferred to the High Court, and the action or suit shall then be entered in the cause book or register of civil suits of the High Court, and proceeded with as if the action or suit had been originally instituted therein.

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EDITORIAL COMMENTS AND ANNOTATION

Objective of s 66 : Whether s 6

67 CIVIL JURISDICTION OF SESSIONS COURTS-67. Relinquishing part of claim.

A plaintiff may relinquish any portion of his claim in order to bring the action or suit within the jurisdiction of the Sessions Court, but he shall not afterwards sue in respect of the portion so relinquished.

68 CIVIL JURISDICTION OF SESSIONS COURTS-68. Splitting claims not allowed.

Claims may not be split, nor more than one action or suit of a civil nature brought in respect of the same cause of action against the same party.

69 CIVIL JURISDICTION OF SESSIONS COURTS-69. Exceptions to jurisdiction.

Sessions Courts shall have no jurisdiction in actions, suits or proceedings of a civil nature-

(a) relating to immovable property except as provided in sections 70 and 71;

(b) [Deleted by Act A1382 of the year 2010] ;

(c) [Deleted by Act A1382 of the year 2010] ;

(d) [Deleted by Act A1382 of the year 2010] ;

(e) to enforce trusts;

(f) for accounts;

(g) for declaratory decrees except in making a declaration under paragraph 65(5) (b) and interpleader proceedings under section 73;

[(g) Am. by Act A1382 of the year 2010];

(h) for the issue or revocation of grants of representation of the estates of deceased persons or the administration or distribution thereof;

(i) wherein the legitimacy of any person is in question;

* (j) wherein the guardia

70 CIVIL JURISDICTION OF SESSIONS COURTS-70. Recovery of immovable property.

(1) Subject to subsection (4), a Sessions Court shall have jurisdiction to hear and determine any action or suit for the recovery of immovable property, and thereupon to issue an order to the proper officer of the Court to put the plaintiff in possession of the property.

(2) In any such action or suit, there may be added a claim for rent or mesne profits and for damages arising to the plaintiff from the defendant holding over or resisting his right of possession or reentry, and for damages for breach of any covenant, condition or agreement in relation to the premises.

(3) [Deleted by Act A887].

(4) Except as provided in section 71, the aforesaid jurisdiction shall not be exercised in any case where, in the opinion of the Court, there is a bona fide question of title involved and, subject to that section, recovery of possession of any immovable property under this section shall be no bar to the institution of an

71 CIVIL JURISDICTION OF SESSIONS COURTS-71. Jurisdiction to adjudicate on title to immovable property with consent of parties.

*If in any action or suit before a Sessions Court, the title to any immovable property is disputed, or the question of the ownership thereof arises, the Court may adjudicate thereon if all parties interested consent; but, if they do not all consent, the Sessions Court Judge shall apply to the High Court to transfer the action or suit to itself.

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* NOTE - For actions and suits concerning immovable property in Sarawak - see P.U.(A) 357/1980.

72 CIVIL JURISDICTION OF SESSIONS COURTS-72. Power to issue distress.

A Sessions Court shall have jurisdiction to issue writs or warrants of distress for rent.

73 CIVIL JURISDICTION OF SESSIONS COURTS-73. Interpleader.

A Sessions Court shall have jurisdiction to grant relief by way of interpleader and to order the sale of any property subject to interpleader proceedings-

(a) where the proper officer of a Sessions Court is charged with the execution of any writ, warrant or order of the Court and claim is made to any money or other movable property taken or intended to be taken in execution of the writ, warrant or order, or to the proceeds or value of any such property, by any person other than the person against whom the writ, warrant or order was issued or made; or

(b) where the person seeking relief is under liability for any debt, money, or other movable property of which the amount or value does not exceed one million ringgit and for or in respect of which he has been or expects to be sued by two or more parties making adverse claims thereto.

[(b) Am. by Act A1382 of the year 2010]

<

74 CIVIL JURISDICTION OF SESSIONS COURTS-74. Power to order sale unless security given.

Where a claim is made to or in respect of any movable property seized under a writ, warrant or order issued or made by a Sessions Court, the Sessions Court may, on the application of the person at whose instance the writ, warrant or order was issued or made, order the proper officer of the Court to sell the property claimed as if no such claim had been made and to pay the proceeds of the sale into court to abide the decision of the Sessions Court, unless the claimant gives security in such manner and within such time as the Sessions Court thinks fit.

75 CIVIL JURISDICTION OF SESSIONS COURTS-75. [Deleted by Ord. 29 of 1951] .

76 PART VII MAGISTRATES' COURTS General-76. Constitution and territorial jurisdiction of Magistrates' Courts.

(1) The Yang di-Pertuan Agong may, by order, constitute so many Magistrates' Court as he may think fit, and shall have power, if he thinks fit, to assign local limits of jurisdiction thereto.

*(2) Subject to this Act or any other written law, a Magistrates' Court shall have jurisdiction to hear and determine any civil or criminal cause or matter arising within the local limits of jurisdiction assigned to it under this section, or, if no such local limits have been assigned, arising in any part of Peninsular Malaysia:

Provided that no Magistrate shall have jurisdiction to hear or determine any cause or matter arising in any State in and for which he has not been appointed to be a Magistrate save in the manner and to the extent provided in the Criminal Procedure Code [Act 593] and the law for the time being in force relating to civil procedure.

(3) Magistrates' Courts shall ordinarily be held at such places as the Chief J

77 PART VII MAGISTRATES' COURTS General-77. Ex officio First Class Magistrates.

**77. (1) The persons for the time being holding or acting in the offices specified in the Fourth Schedule shall, ex-officio, be First Class Magistrates, in and for the respective States designated therein.

(2) The Yang di-Pertuan Agong may, by notification in the Gazette, delete any office from, vary, or add any office to, the list of offices in the Fourth Schedule.

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**NOTE - For application in Federal Territory, Sabah and Sarawak - see P.U.(A) 43/1974 and P.U.(A) 357/1980.

78 PART VII MAGISTRATES' COURTS General-78. Appointment of First Class Magistrates.

***Without prejudice to section 77, the State Authority may, on the recommendation of the Chief Judge in each case, appoint any fit and proper person to be a First Class Magistrate in and for the State.

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*** NOTE - For application in Federal Territory - see P.U.(A) 43/1974.

78A PART VII MAGISTRATES' COURTS General-78A. Qualifications of First Class Magistrates.

No person shall be appointed to be a First Class Magistrate unless he is a member of the Judicial and Legal Service of the Federation.

Provided that this section shall not prevent the appointment of a person to act temporarily as a First Class Magistrate.

79 PART VII MAGISTRATES' COURTS General-79. Appointment of Second Class Magistrates.

*The State Authority may appoint any fit and proper person to be a Second Class Magistrate in and for the State.

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* NOTE - For application in Federal Territory, The Yang di-Pertuan Agong may appoint - see P.U.(A) 43/1974.

80 PART VII MAGISTRATES' COURTS General-80. Transfer of powers to Magistrates.

**(1) Subject to the provisions and limitations contained in this Act, all powers, duties and functions which, by any written law in force in Peninsular Malaysia or any part thereof at the date of the commencement of this Act, or by any law passed or made before the commencement of this Act and coming into force after such commencement in Peninsular Malaysia or any part thereof, were vested in or conferred or imposed upon, or expressed to be vested in, conferred or imposed upon or which would, if this Act had not been passed, have been vested in or conferred or imposed upon a District Judge, Magistrate of any description or Coroner of Peninsular Malaysia shall, without prejudice to section 61, be vested in, conferred and imposed upon Magistrates appointed under this Act, in the case of a law in force at the date of the commencement of this Act, upon and after that date, and in the case of a law coming into force after the commencement of this Act upon

81 PART VII MAGISTRATES' COURTS General-81. Magistrate of any class may preside in Magistrates' Court.

Any Magistrate of either class may sit in any Magistrates' Court within the local limits of his jurisdiction for the purpose of hearing and determining any cause or matter, civil or criminal, over which he has jurisdiction by virtue of this or any other written law for the time being in force.

82 PART VII MAGISTRATES' COURTS General-82. General powers and jurisdiction of Magistrates' Courts and Magistrates.

A Magistrates' Court constituted under this Act shall, for all purposes, be deemed to be the Court of a First Class Magistrate, and shall have all the powers and jurisdiction conferred on a First Class Magistrate by this Act or any other written law, and any Magistrate of either class within the local limits of whose jurisdiction the Court is situate may exercise the powers and jurisdiction of the Court:

Provided that a Second Class Magistrate shall not hold any preliminary inquiry or proceed to the final trial and determination of any cause or matter which is not within the jurisdiction conferred upon him by section 88 or section 92 or by any other written law.

83 PART VII MAGISTRATES' COURTS General-83. Preliminary process and interlocutory orders.

Without prejudice to the generality of section 82 or to section 5 -

(a) any summons, writ, warrant or other process, whether civil or criminal, issued by a Magistrates' Court may be signed by a Magistrate of either class within the local limits of whose jurisdiction the Court is situate notwithstanding that it is or was not within the competency of the Magistrate to try and determine the cause or matter to which the summons, writ, warrant or other process relates;

(b) in any cause or matter, whether civil or criminal, before a Magistrates' Court any Magistrate of either class within the local limits of whose jurisdiction the Court is situate may make any interlocutory or interim order not involving the final trial and determination of the cause or matter including, but without prejudice to the generality of the foregoing, orders relating to adjournments, remands and bail, execution of judgments and decrees

84 PART VII MAGISTRATES' COURTS General-84. Nature of business at any sitting.

At any sitting of a Magistrates' Court both civil and criminal causes and matters may be heard, determined and dealt with, or either one or the other.

85 Criminal Jurisdiction of Magistrates-85. Criminal jurisdiction of First Class Magistrate.

Subject to limitations contained in this Act a First Class Magistrate shall have jurisdiction to try all offences for which the maximum term of imprisonment provided by law does not exceed ten years imprisonment or which are punishable with fine only and offences under sections 392 and 457 of the Penal Code (F.M.S. Cap. 45).

86 Criminal Jurisdiction of Magistrates-86. [Deleted by Act A1382 of the year 2010] .

87 Criminal Jurisdiction of Magistrates-87. Sentences within competence of First Class Magistrate.

(1) A First Class Magistrate may pass any sentence allowed by law not exceeding-

(a) five years' imprisonment;

(b) a fine of ten thousand ringgit;

(c) whipping up to twelve strokes; or

(d) any sentence combining any of the sentences aforesaid:

Provided that where, by any law for the time being in force, jurisdiction is given to the Court of any Magistrate to award punishment for any offence in excess of the power prescribed by this section, a First Class Magistrate may, notwithstanding anything herein contained, award the full punishment authorized by that law.

(2) Notwithstanding subsection (1), where a First Class Magistrate has convicted any person and it appears that, by reason of any previous conviction or of his antecedents, a punishment in excess of that prescribed by subsection (1) should be awarded, then the First Class Magistrate may

88 Criminal Jurisdiction of Magistrates-88. Criminal jurisdiction of Second Class Magistrate.

*A Second Class Magistrate shall only have jurisdiction to try offences for which the maximum term of imprisonment provided by law does not exceed twelve months' imprisonment of either description or which are punishable with fine only:

Provided that if a Second Class Magistrate is of the opinion that in the circumstances of the case, if a conviction should result, the powers of punishment which he possesses would be inadequate, he shall take the necessary steps to adjourn the case for trial by a First Class Magistrate.

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* NOTE - For application in Sabah and Sarawak - see P.U.(A) 357/1980.

89 Criminal Jurisdiction of Magistrates-89. Sentences within competence of Second Class Magistrate.

A Second Class Magistrate may pass any sentence allowed by law -

(a) not exceeding six months' imprisonment;

(b) a fine of not more than one thousand ringgit; or

(c) any sentence combining either of the sentences aforesaid.

90 Civil Jurisdiction of Magistrates-90. Civil jurisdiction of First Class Magistrate.

Subject to the limitations contained in this Act, a First Class Magistrate shall have jurisdiction to try all actions and suits of a civil nature where the amount in dispute or value of the subject matter does not exceed one hundred thousand ringgit.

[Am. by Act A1382 of the year 2010]

91 Civil Jurisdiction of Magistrates-91. [Deleted by Act A1382 of the year 2010] .

92 Civil Jurisdiction of Magistrates-92. Civil jurisdiction of Second Class Magistrate.

*A Second Class Magistrate shall only have jurisdiction to try original actions or suits of a civil nature where the plaintiff seeks to recover a debt or liquidated demand in money payable by the defendant, with or without interest, not exceeding ten thousand ringgit.

[Am. by Act A1382 of the year 2010]

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* NOTE - For application in Sabah and Sarawak - see P.U.(A) 357/1980.

93 Civil Jurisdiction of Magistrates-93. Provisions of Act relating to Sessions Courts applicable to Magistrates' Courts.

(1) Subsections 65(3) and (4) and of sections 66 to 70 and 72 to 74 shall apply mutatis mutandis to Magistrates' Courts:

Provided that for the purpose of proceedings in Magistrates' Courts, paragraph 73 (b) shall be read as if the words "one hundred thousand" were substituted for the words "one million".

[(1) Proviso: Am. by Act A1382 of the year 2010]

(2) Nothing in this section shall operate to extend the jurisdiction of Second Class Magistrates as otherwise limited by this Act.

94-97 PART VIII PENGHULU'S COURTS [DELETED]-94-97. [Deleted by Act A1382 of the year 2010] .

98 PART IX +JUSTICES OF THE PEACE-98. Appointment of Justices of the Peace.

*The State Authority may, by warrant under his hand, appoint such persons as he may deem fit to be Justices of the Peace within and for the State, and may in like manner revoke any such appointment. All appointments and revocations of appointments made under this section shall be notified in the Gazette .

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+ NOTE - Part IX is not applicable in Sarawak - see P.U.(A) 357/1980.

* NOTE - For application in Federal Territory - see P.U.(A) 43/1974.

99 PART IX +JUSTICES OF THE PEACE-99. Powers of Justices of the Peace.

**Justices of the Peace shall have and may exercise within the State for which they are appointed such powers not exceeding the powers of a Second Class Magistrate as may be conferred upon them by any written law.

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+ NOTE - Part IX is not applicable in Sarawak - see P.U.(A) 357/1980.

** NOTE - For application in Sabah and Sarawak - see P.U.(A) 357/1980.

99A PART X MISCELLANEOUS-99A. Further powers and jurisdiction of courts.

In amplification and not in derogation of the powers conferred by this Act or inherent in any court, and without prejudice to the generality of any such powers, every Sessions Court and Magistrates' Court shall have the further powers and jurisdiction set out in the Third Schedule.

100 PART X MISCELLANEOUS-100. [Deleted by Act A1382 of the year 2010] .

101 PART X MISCELLANEOUS-101. Powers of the court in relation to hearings in camera, etc .

(1) The place in which any court is held for the purpose of trying any cause or matter, civil or criminal, or holding any inquiry, shall be deemed an open and public court to which the public generally may have access:

Provided that the court shall have power to hear any matter or proceeding or any part thereof in camera if the court is satisfied that it is expedient in the interests of justice, public safety, public security or propriety, or for other sufficient reason so to do.

(2) A court may at any time order that no person shall publish the name, address or photograph of any witness in any matter or proceeding or any part thereof tried or held or to be tried or held before it, or any evidence or any other thing likely to lead to the identification of any such witness; and any person who acts in contravention of any such order shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand rin

101A PART X MISCELLANEOUS-101A. Power of Sessions Court Judge to hear matters in chambers.

Subject to the limitations contained in this Act, a Sessions Court Judge shall have the power to hear any matter or proceedings in chambers.

[Ins. by Act A1382 of the year 2010]

101B PART X MISCELLANEOUS-101B. Court may conduct proceedings through remote communication technology.

(1) Without limiting section 101, the court may, in the interest of justice, conduct the proceedings of any cause or matter, civil or criminal, or hold any inquiry, through a remote communication technology.

(2) The place in which the court is held to conduct the proceedings of any cause or matter, civil or criminal, or hold any inquiry, through a remote communication technology shall be deemed to be conducted within the local limits of jurisdiction assigned to it under section 59 or 76, or, if no such local limits have been assigned, arising in any part of Peninsular Malaysia.

(3) Nothing in this section shall affect the operation of section 5 of the Evidence of Child Witness Act 2007 [Act 676], sections 265a and 272b of the Criminal Procedure Code and section 32a of the Evidence Act 1950 [Act 56].

(4) In this section, "place" includes cyberspace, virtual place or virtual space.

[Ins. by Act A1622]

102 PART X MISCELLANEOUS-102. Sentence in case of conviction for several offences at one trial.

When a person is convicted at one trial of any two or more distinct offences a Magistrates' Court may sentence him for those offences to the several punishments prescribed therefor which the court is competent to inflict, the punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, or to run concurrently if the court shall so direct, but it shall not be necessary for the court, by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of one single offence, to send the offender for trial before a higher court:

Provided that-

(a) in no case shall the person be sentenced to periods of imprisonment amounting in the aggregate to more than twenty years;

(b) the aggregate punishment shall not exceed twice the amount of punishment which

103 PART X MISCELLANEOUS-103. Detention pending corporal punishment.

An offender sentenced to undergo corporal punishment may be detained in a prison or some other convenient place for such time as may be necessary for carrying the sentence into effect, or for ascertaining whether the same shall be carried into effect.

104 PART X MISCELLANEOUS-104. Power of Sessions Court Judge or Magistrate to order transfer of criminal cause or matter.

A Sessions Court Judge or a Magistrate shall have jurisdiction in any criminal cause or matter, whether or not he has jurisdiction finally to hear and determine the same, to order, in any case where the interests of justice so require, that the cause or matter be transferred to any other Sessions Court or Magistrates' Court, as the case may be, which in his opinion has jurisdiction to hear and determine the same, and the same may be continued in that other Court accordingly:

Provided that nothing in this section shall be deemed to confer jurisdiction on any court to which a proceeding is so transferred, if that court would not otherwise have jurisdiction in respect thereof.

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Legal Comments

• "Introduction" - The provided sources comprise a wide array of case-law excerpts spanning several statutory frameworks, notably including the Subordinate Courts Act 1948 (Revised 1972) concepts, various tenancy/land reform regimes (notably HP Act 1972 Section 104 and related provisions), and diverse CPC/Civil Procedure and statutory revision affordances. The material collectively informs on reach, scope, and limits of subordinate judicial supervision, civil/judicial remedies, and the interface between statutory rights, procedural avenues, and appellate/revision mechanisms. [Sources compilation in prompt]

• "Definition and scope of Section 104" - Section 104 confers superintendence and control of the High Court over subordinate courts; it is not an appeal or a substitute for ordinary appellate review, and it does not authorize correcting errors of fact or law by an ordinary appeal. Its corrective reach is supervisory, not substantive. [["New India Assurance Co. Ltd. VS Bashir Ahmad Wani"]]

• "Scope of supervisory power (Interference not as an appeal)" - Section 104 powers are administrative in nature and aimed at keeping subordinate courts within their jurisdiction; intervention under this clause is not a blanket right to rewrite judgments, but rather to ensure proper jurisdiction and adherence to procedure. [["New India Assurance Co. Ltd. VS Bashir Ahmad Wani"]]

• "Interplay with Article 227 / 104 equivalents" - In Jammu & Kashmir (and analogous contexts), Section 104-based supervisory power is equated with Article 227-type supervisory authority, limited to keeping courts within authority and not substituting appellate review; interference is justified only to prevent gross injustices or patent illegality. [["New India Assurance Co. Ltd. VS Bashir Ahmad Wani"]]

• "Revision under CPC Section 115 in JK context" - Section 115 CPC, as amended, limits revisional power to “a case decided,” with proviso/explanation expanding scope only for interlocutory orders in specified ways; the explanation clarifies that an interlocutory order may constitute a “case decided” if it adjudicates a right or obligation. In practice, revisionability depends on whether the order decided a right/obligation and whether it falls within the proviso exceptions. [["01900004573"], ["Mytheen Kunju VS Azeez Kunju"]]

• "Res judicata and res judicata-like effects in tenancy settlements" - Certain Bengal Tenancy Act Section 104/107 decisions by Settlement Officer can have res judicata-like finality in subsequent suits, particularly where no appeal was preferred; such determinations may be treated as final decrees, constraining future litigation unless properly appealed. [["Dedputy Legal Remembrancer and Public Prosecutor of Bihar and Orissa VS Ram Udar Singh"], ["Mohim Chandra Roy VS Srimati Kali Tara Debya"]]

• "Civil Court jurisdiction under HP/Tenancy & Land Reforms Act, 1972" - Civil Court jurisdiction to adjudicate proprietary rights under Section 104(3) is generally barred; exceptions occur when statutory authorities have not complied with judicial procedure or provisions of the Act. This reflects a pattern of restricting civil court intervention in proprietary-right determinations under Section 104, with narrow carve-outs. [["INDER DUTT VS KALA"], ["DHARAM CHAND VS STATE"]]

• "Proprietary rights vesting and saving clauses" - The Act contains saving clauses (e.g., Section 127 in HP Act 1972) preserving certain rights acquired under repealed statutes (e.g., Punjab Tenancy Act 1887) and allowing execution of decrees under the new framework, demonstrating continuity amid reform. [["DEVI RAM VS CHET RAM"]], [("INDER DUTT VS KALA")]

• "Resumption of land by protected/armed forces under HP Act 1972" - Section 104(8)-(9) and related provisions permit resumption by armed forces personnel, with courts upholding entitlement to resume entire tenancy holding subject to statutory constraints; revision petitions challenging such resumption on technical grounds are typically dismissed if statutory conditions are satisfied. [["MUNSHI RAM VS RANJIT SINGH"], ["MUNSHI RAM VS RANJIT SINGH"]]

• "Non-occupancy tenants and Will/proprietary rights nuances" - Section 104(3) confers rights automatically; independent questions such as competence to execute a Will by a non-occupancy tenant are resolved by acknowledging automatic vesting of rights and primacy of Section 104(3) vis-à-vis procedural rules like Rule 24(1) (1975 Rules). [["MEHAR CHAND VS RAKESH"]]

• "Civil procedure interplay with specialized tribunals (e.g., motor vehicle, tariff, electricity)" - In several instances, revisions or appeals against orders of specialized bodies (e.g., Motor Accident Claims Tribunal, Electricity Boards) are governed by CPC Section 115/104 or relevant statutory schemes; High Courts emphasize that where an appeal lies, Section 115 cannot encroach, and that tribunals may be deemed subordinate to higher courts for purposes of revision. [["New India Assurance Co. Ltd. VS Bashir Ahmad Wani"], ["Bansi Lal Dogra VS C. S. Jamwal (Lt. Col. )"], ["Municipal Council, Tiruchirapalli VS South Madras Electric Supply Corporation"]]

• "Admissibility of evidentiary material in tenancy/land cases" - Courts recognize admissibility of certain documents/evidence (e.g., Settlement Officer records, mutation entries) as relevant to determining proprietary rights or tenancy status, with corrections or re-trials ordered if evidence was improperly excluded. This illustrates the evidentiary framework surrounding Section 104 matters. [ ["Dedputy Legal Remembrancer and Public Prosecutor of Bihar and Orissa VS Ram Udar Singh"], ["Venkatasami VS Venkatreddi"] ]

• "Jurisdictional bar on civil courts regarding Section 104 claims" - Civil Courts are generally barred from adjudicating conferment of proprietary rights under Section 104, except where jurisdictional or procedural lapses by statutory authorities occurred; this reflects a reallocation of expertise to specialized statutory/administrative processes. [["INDER DUTT VS KALA"], ["STATE OF HIMACHAL PRADESH VS VED PRAKASH"]]

• "Mutations and jamabandi corrections" - Revenue entries and mutations can be challenged in civil courts when tainted by fraud or irregularity; however, corrections under Jamabandi entries generally require civil court intervention rather than revisional or executive action, highlighting separation of powers between revenue authorities and civil courts. [ ["Kanta Devi VS Tripta Devi"], ["STATE OF HIMACHAL PRADESH VS VED PRAKASH"] ]

• "Res judicata effects from tenancy settlements and appeals" - When Settlement Officer decisions effectively settle status and rents, they can preclude later suits unless timely appealed; this underscores the finality effect of such administrative orders. [["00900090923"], ["00900001920"]]

• "Limited scope of Section 104 in transfer/administrative transfers" - Section 104-based supervision is administrative and cannot be treated as a substitute for appeals or for correcting misapplications of law; higher courts must avoid expansive readings that encroach on statutory remedies or appellate rights. [("New India Assurance Co. Ltd. VS Bashir Ahmad Wani"), ("Indrajeet Singh VS State of Rajasthan")]

• "Interplay with constitutional/supervisory framework across states" - The Jammu & Kashmir framework (and other states’ analogues) demonstrates a consistent constitutional design: High Courts exercise superintendence to ensure statutory compliance and proper procedure, but cannot substitute for proper appellate redressal; revision under CPC 115 remains a tool within constraints. [("New India Assurance Co. Ltd. VS Bashir Ahmad Wani"), ("State Of J. &K. VS Gh. Rasool")]

• "Tariff and electricity-related revisions under statutory acts" - Electricity tariffs revised under Section 49 of the Electricity (Supply) Act, 1948, with later validation acts (e.g., 1966 amendments) upheld as valid; this reflects deference to statutory power to revise rates and to central validation, reinforcing that failures of consultation or contract adjustment are evaluated against statutory authority. [ ["U. P. Elect. Board Through Its Chairman VS Triveni Engineering Works"], ["Municipal Council, Tiruchirapalli VS South Madras Electric Supply Corporation"] ]

• "Minimum Wages Act – mandatory Advisory Board consultation" - Notifications revising minimum wages require mandatory consultation with the Advisory Board; non-consultation can render notifications invalid and may permit retrospective modifications upon proper consultation. This demonstrates statutory procedure controls over administrative action. [ ["HINDUSTAN SAFETY GLASS WORKS LTD. , BAMRAULI, ALLAHABAD VS STATE OF UTTAR PRADESH"], ["U. P. RAJYA VIDYUT UTPADAN NIGAM LTD. VS ARUN KUMAR DUBEY"] ]

• "Appeals and Letters Patent context in CP/CPC" - In certain interlocutory contexts, Letters Patent appeals do not lie against High Court single-judge orders; this confirms the layered appellate architecture and cautions against circumventing established channels. [ ["P. S. Sathappan (Dead) By Lrs. VS Andhra Bank Limited"] ]

• "Writ jurisdiction vs. civil remedy for pension/gratuity" - Writ petitions in gratuity/pension matters are generally limited; the statutory framework (Payment of Gratuity Act) governs such benefits, with courts directing compliance rather than establishing new rights via writs; a reminder of proper remedial avenues. [ ["Chet Ram VS Daulat Ram"], ["Chuni Lal VS State of H. P. "] ]

• "General caution on using Section 104 as a substitute for appeal" - Supreme Court/High Courts emphasize that Section 104 relief should not be used to circumvent appellate remedies; it is a supervisory instrument with a defined constitutional and procedural boundary, requiring careful, case-specific justification. [ ["New India Assurance Co. Ltd. VS Bashir Ahmad Wani"], ["SHAHUL HAMEED VS STATE OF KERALA"] ]

Note: The above bullet points synthesize and reference the sources as square-bracketed citations per request. When a specific substantive fact or point could not be reliably inferred from the provided sources, it has been omitted.

105 PART X MISCELLANEOUS-105. [Deleted by Ord. 34 of 1955]. .

106 PART X MISCELLANEOUS-106. Subordinate officers.

There shall be appointed such and so many subordinate officers as shall, from time to time, appear to the Chief Judge with the concurrence of the Yang di-Pertuan Agong to be necessary for the administration of justice and the due execution of all powers and authorities which are vested in any court.

107 PART X MISCELLANEOUS-107. Protection of judicial officers.

(1) No Sessions Court Judge, Magistrate or other person acting judicially shall be liable to be sued in any civil court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction, nor shall any order for costs be made against him, provided that he at the time in good faith believed himself to have jurisdiction to do or order the act complained of.

(2) No officer of any court or other person bound to execute the lawful warrants or orders of any Sessions Court Judge, Magistrate or other person acting judicially shall be liable to be sued in any civil court for the execution of any warrant or order which he would be bound to execute if within the jurisdiction of the person issuing the same.

(3) No sheriff, bailiff or other officer of the court charged with the duty of executing any judgment, order or warrant of distress, or of attaching any property before judgm

107A PART X MISCELLANEOUS-107A. Practice directions.

The Chief Justice may issue such practice directions as may be necessary for the purpose of carrying into effect the provisions of this Act after consulting the President of the Court of Appeal or the Chief Judge.

[Ins. by Act A1622]

108 PART X MISCELLANEOUS-108. [Deleted by Act 7 of 1964] .

109 PART X MISCELLANEOUS-109. Provision to prevent conflict of laws.

In the event of inconsistency or conflict between this Act and any other written law in force at the commencement of this Act, the provisions of this Act shall prevail.

110 PART X MISCELLANEOUS-110. Repeal and savings.

(1) The Ordinances and Enactments set out in the Fifth Schedule hereto are hereby repealed to the extent specified in the third column of the Schedule.

(2) (Omitted) .

(3) All appointments and all rules of court and other subsidiary legislation in force at the commencement of this Act under or by virtue of any Ordinance or Enactment or any provision thereof repealed by this Act shall continue in force until other provision is made under or by virtue of this Act or any other written law for the time being in force and shall, so far as the same relate to any court in existence in West Malaysia before the commencement of this Act, be deemed to relate, so far as may be applicable, to the corresponding court established by or referred to in this Act.

For the purposes of this subsection appointments of District Judges shall be deemed to operate as appointments of Sessions Courts Judges.

111 PART X MISCELLANEOUS-111. (Omitted) .

* (Omitted) .

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* NOTE - For Sabah and Sarawak - see P.U.(A) 357/1980.