SMALL CAUSES COURT
What is a small cause court
A small-cause court is the type of civil court that deals with trivial pecuniary matters. These are established to adjudicate small matters and ensure speedy disposal of cases. They adjudicate matters related to tax, property disputes (such as rent and leave and license) and other similar cases. The state government is empowered to establish a court of small causes within their territory. [1] The roots of the small cause court were planted by the British East India Company in 1753 to dispose of petty claims. It was established under the Charter Act of 1753 in the three presidency towns Calcutta, Bombay and Madras It was later formulated into the two legislations as Provincial Small Causes Court Act 1887 and Presidential Small Causes Court Act 1882[2]
They prescribe a summary procedure for the speedy disposal of disputes wherein the pecuniary stakes are of small value and are suitable for summary disposal. The judges exercising small causes powers are not obliged to record the evidence in full, the examination or cross-examination of witnesses is not elaborate, issues are not framed; and the judgment simply states the points for decision with the court's findings thereon but not the reasons therefor.
Official definition of small causes court
Small causes court defined in legislation(s)
he Small Causes Court is a type of subordinate court in India that deals with cases involving relatively minor financial disputes. These courts are established to provide a quick and efficient resolution to small claims and minor civil disputes, typically involving amounts that do not exceed a specified financial limit. The jurisdiction and powers of Small Causes Courts are defined under the Presidency Small Cause Courts Act, 1882, and the Provincial Small Cause Courts Act, 1887.
The PROVINCIAL SMALL CAUSES ACT 1887 defines “Court of Small Causes” means a Court of Small Causes constituted under this Act and includes any person exercising jurisdiction under this Act in any such Court.
The PRESIDENTIAL SMALL CAUSES COURT 1882 “Small Cause Court” means the Court of Small Causes constituted under this Act in the town of Calcutta, Madras or Bombay.
Regional Variations
There are two fundamental laws governing Small Causes Courts in India: The Provincial Small Cause Courts Act 1887 and the Presidency Small Cause Courts Act 1882. Moreover, some states have established their own Small Causes Courts, while many others have included specific clauses related to Small Causes Courts within their state civil court legislations.
Each state unequivocally holds its own pecuniary jurisdiction. [3] There are Several states which have an additional clause in reference to small causes court in their respective state civil court acts. [4]The financial limits for Small Causes Courts vary significantly across different states due to historical, administrative, and legislative reasons.
| Name of the State | SCJ | CJ(Jr.) | CJ(Sr.) |
| MADHYA PRADESH | 1000 | 200 | 500 |
| MAHARASHTRA | 1500 | 3000 | |
| ORISSA | 500 | 2000 | |
| PUDUCHERRY | 5000 | 2000 | |
| PUNJAB | 2000 |
International Experience
- According to the UK Small Claim Track5, small causes can be defined as any matter generally for lower value and less complicated claims with a value of up to £10,000. UK SMALL CLAIM TRACK[5]
- After the independence of Bangladesh in 1971 they adopted the Bangladesh Laws (Revision and Declaration) Act, 1973 (Act VIII of 1973). It appears that formerly according to section 15 (2) of the said Act all suits of civil nature of which the value does not exceed Rs. 500/- were cognizable by a court of small causes. But by the recent amendment of 2005 it has been changed to 60,000 takas. [6]
- Originally section 15 (3) provided that subject to the exception specified in the schedule the provincial Government could by an order direct that all suits of civil nature valued up to Rs. 1,000/- shall be triable by a court of Small Causes mentioned in the order. But today the value is increased to 70,000 takas. [7]
Official Database
Small Causes Court as court establishment[8]
The 14th Law Commission Report and 77th Law Commission Report provides data on the pendency of cases in small causes courts across various states and union territories in India as of 1997. It shows the number of cases instituted and disposed of during 1956 and 1977 respectively, along with the pendency at the beginning and end of these years. This data reflects the backlog and processing rate of small causes courts at that time, indicating challenges in case management and judicial efficiency. The data is compiled int the Subordinate Courts of India: A Report on Access to Justice 2016 by Centre for Research & Planning, Supreme Court of India
References
- ↑ Legal Service India
- ↑ Evolution of the small causes court in India —1753-1887 with special reference to the presidency court at Calcutta
- ↑ THE KARNATAKA SMALL CAUSE COURTS AND CERTAIN OTHER LAW (AMENDMENT)[1] Kerala Small Cause Court Act 1957[2] Telangana Small Causes Court Act 1330[3] The Provincial Small Cause Courts (Delhi Amendment) Act, 1995 [4] THE PROVINCIAL SMALL CAUSE COURTS (HIMACHAL PRADESH AMENDMENT) ACT, 1969 [5] The Small Cause Courts Laws (Gujarat Amendment) Act, 2020 [6]
- ↑ GUJARAT CIVIL COURT ACT 2005 [7]MADHYA PRADESH CIVIL COURT ACT 1958 [8]MAHARASHTRA CIVIL COURT ACT 1869 [9]MIZORAM CIVIL COURT ACT 2005 [10] ORISSA CIVIL COURT ACT 1984 [11] PUDUCHERRY CIVIL COURT 1966 [12] PUNJAB COURTS ACT 1918 [13] UTTAR PRADESH CIVIL LAW (AMENDMENT) ACT 2015 [14]
- ↑ UK Small claim track [15]
- ↑ [16]
- ↑ [17]
- ↑ Small causes court as court establishment
