Promulgation of the Daman and Diu Civil Courts (Amendment) Regulation, 2009 to amend the Goa, Daman and Diu Civil Courts Act, 1965, as in force in the Union Territory of Daman and Diu.
The Union Cabinet today approved promulgation of the Daman and Diu Civil Courts (Amendment) Regulation, 2009, under Article 240 of the Constitution.
This regulation will provide for :-
(i) An increase in the pecuniary appellate jurisdiction of the District Court from the existing Rs.25,000/- to Rs.1.00 lakh.
(ii) Revising the designation of “Junior Civil Judge” and “Senior Civil Judge” as Civil Judge (Junior Division) and Civil Judge (Senior Division respectively,
(iii) Revising the maximum limit of pecuniary jurisdiction of a Court of Small Causes of Senior Civil Judge {now to be designated as Civil Judge (Senior Division)} as three thousand rupees and in the case of Junior Civil Judge, {Now to be designated as Civil Judge (Junior Division)} as one thousand five hundred rupees.
(iv) Amending the Principal Act with a view to update the same by replacing the words “Goa, Daman and Diu” with “Daman and Diu”.
Background:
The Civil Courts in the Union Territory of Daman and Diu come under the jurisdiction of Bombay High Court as per the High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981. The Goa, Daman and Diu Civil Courts Act, 1965, (16 of 1965) as in force in the Union Territory of Daman and Diu governs the Constitution and organisation of a District Court and subordinate Civil Courts in the Union Territory of Daman and Diu.
At present, there is a court of one Civil Judge (Junior Division(), at Diu and one Civil Judge (Senior Division) at Daman and a District Court at Daman in the Union Territory of Daman and Diu.
Hon’ble Chief Justice, Bombay High Court, during his visit to Diu in June 2009, directed inter alia, to increase the pecuniary appellate jurisdiction for regular and special suits of District Court from the existing Rs.25,000/- with a view to obviate the misery and difficulties being faced by the litigants in travelling to Mumbai for filing appeals due to existing limited pecuniary jurisdiction. It was also informed that the pecuniary appellate jurisdiction in the States of Goa and Maharashtra have been increased recently.
It is, therefore, proposed to accept the aforesaid recommendations of the Union Territory of Daman and Diu to amend the corresponding sections of Goa, Daman and Diu Civil Courts Act, 1965, as in force in the Union Territory of Daman and Diu by Promulgation of Daman and Diu Civil Courts (Amendment) regulation, 2009 under article 240 of the Constitution.
