district court act 1947

Official website of the District Courts of New Zealand. This Act is administered by the Ministry of Justice. Title: amended, on 1 July 2013, by section 12 of the District Courts Amendment Act (No 2) 2011 (2011 No 88). About this 19.9.2019—District Court Act 1991 District Court of South Australia—Part 2 Jurisdiction of the Court—Division 3 Published under the Legislation Revision and Publication Act 2002 5 (b) the Court has no supervisory jurisdiction except as expressly conferred by statute with respect to inferior courts or tribunals, or with respect to the courts. District court is the name given to the intermediate court in most Australian states. Date of assent. Section 1(1) : amended, on 1 April 1980, by section 2(1) of the District Courts Amendment Act 1979 (1979 No 125). United States v. Richardson, 418 U.S. 166 (1974). Action No. 20. Version Format; Current: Authorised PDF. District Court Rules and District Court Act 2016 The District Court Rules 2014 and prescribed forms are under review for the required consequential amendments due to the replacement of the District Courts Act 1947 with the District Court Act 2016. Definitions: general 5. As per the inauguration stone affixed on the building of the court of District and Sessions Judge, Gurdaspur, this court was inaugurated on 11.12.1926 by Hon´ble Sir Shadi Lal, Chief Justice, Hon´ble Lahore High Court. see section 1 (2) District Courts Act 1947: repealed, on 1 January 2018, by section 240 of the District Court Act 2016 (2016 No 49). 20 of 1947. Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. COURTS OF JUSTICE ACT, 1947. DISTRICT COURT ACT 1973 - As at 11 August 2020 - Act 9 of 1973 TABLE OF PROVISIONS Long Title PART 1 - PRELIMINARY 1.Name of Act 2.Commencement 3. The Supreme Court ruled that a taxpayer lacks standing to dispute the constitutionality of the Central Intelligence Agency Act of 1949, which authorizes secret spending. site, Appointment of places for holding of courts, Judges act on full-time basis but may be authorised to act part-time, Assignment and rostering of District Court Judges, Right to hold other office and to engage in other employment, Functions and powers of Community Magistrates, No proceeding against Community Magistrate unless he or she acted without jurisdiction, No proceeding against Community Magistrate to be commenced in District Court, Plaintiff may be ordered to give security for costs, Remuneration and allowances of Community Magistrates, Record of proceedings to be kept by Registrar, Sections 121, 128, and 129 of Search and Surveillance Act 2012 inapplicable to bailiffs, Officers of court not to act as solicitors therein, Criminal jurisdiction in respect of indictable offences, Civil jurisdiction and transfer of proceedings, General jurisdiction in respect of proceedings, Extending jurisdiction in actions for recovery of land, Landlord's right where rent is in arrear or premises deserted, Abandonment of part of claim to give court jurisdiction, Extension of jurisdiction in admiralty by agreement between the parties, Persons who exercise jurisdiction of court, Jurisdiction exclusive of interest awarded, Transfer to High Court of proceeding within jurisdiction, Transfer of proceedings beyond jurisdiction, Transfer of proceedings where there is a counterclaim, Removal of summary judgment application from District Court to High Court, Transfer of proceeding from High Court to District Court, Procedure on transfer of proceeding from High Court to District Court, Amount of wages, etc, for which minor may sue, Examination of witnesses and service of process abroad, Powers of court exercisable before commencement of proceeding, Power of court to order particular discovery against non-party after proceeding commenced, Power of Judge to refer to Registrar or referee, Power of court to award interest on debts and damages, Removal of judgment of District Court into High Court, Proceeding in High Court on judgment or order of District Court, Removal of judgment or order of High Court into District Court, Removal of judgment from one court to another, Agreements that decision would be binding, Right of appeal in respect of contempt of court, Nature of proceedings for enforcement of judgment, Judgment may be enforced in any District Court, Enforcement of judgments more than 6 years old, Enforcement of order for payment by instalments, Power to stay proceedings for enforcement, Court to request information about judgment debtor's means, Court may order hearing if information about judgment debtor's means not provided, etc, Application for financial assessment hearing, Power to arrest judgment debtor or officer, Orders by court following filing of financial statement, etc, Extent to which attachment orders bind the Crown, Variation, suspension, and discharge of attachment orders, Process for dealing with application for contempt procedures, Warrant to arrest may be issued if judgment debtor cannot be served or fails to appear at hearing, Application of Part 1 of Legal Services Act 1991, Judgment debtor doing community work to be discharged on payment, Disposal of bills of exchange, etc, seized, Sale of goods by public auction unless otherwise ordered, Protection of bailiff selling goods under execution without notice of claim by third party, Procedure when goods seized are secured under bill of sale, Personal property securities register to be checked, Priority of High Court and District Court executions, Claims for rent where goods seized under execution, Issue and execution of orders or warrants of committal, Irregularity in execution of warrant can only be sued for as special damage, Person illegally obtaining warrant liable for trespass, Execution of warrant may be stayed on giving bond, Further proceedings if chattels not recovered, Actions against bailiffs acting under warrants, Action to be brought within 6 months, and 1 month's notice to be given, Service provisions modified in special cases, Successful plaintiff entitled to execution, successful defendant entitled to compensation, Fines and fees to be paid to Crown Bank Account, Subtenant to give notice of proceeding to subtenant's immediate landlord, Chief executive of Ministry of Justice may approve forms, Reviews of decisions of Registrars concerning fees, Offences triable in either District Court or High Court and offences triable only in High Court, Enactments (repealed by this Act) formerly regulating or providing for matters which can be regulated or provided for by rules. THE DISTRICT COURT. Section 7 in The Industrial Disputes Act, 1947. 4 Appointment of places for holding of courts, 5AA Judges act on full-time basis but may be authorised to act part-time, 9 Assignment and rostering of District Court Judges, 11 Jurisdiction of Judge in Chatham Islands, 11B Right to hold other office and to engage in other employment, 11C Functions and powers of Community Magistrates, 11CA No proceeding against Community Magistrate unless he or she acted without jurisdiction, 11CB No proceeding against Community Magistrate to be commenced in District Court, 11CD Plaintiff may be ordered to give security for costs, 11E Functions of Chief Community Magistrate, 11G Remuneration and allowances of Community Magistrates, 13 Record of proceedings to be kept by Registrar, 17A Sections 121, 128, and 129 of Search and Surveillance Act 2012 inapplicable to bailiffs, 20 Officers of court not to act as solicitors therein, Part 2ACriminal jurisdiction in respect of indictable offences, Part 3Civil jurisdiction and transfer of proceedings, 29 General jurisdiction in respect of proceedings, 31 Extending jurisdiction in actions for recovery of land, 32 Landlord's right where rent is in arrear or premises deserted [Repealed], Miscellaneous provisions as to jurisdiction, 36 Abandonment of part of claim to give court jurisdiction, 37 Extension of jurisdiction in admiralty by agreement between the parties, 38 Division of cause of action not allowed, Exercise of jurisdiction and ancillary jurisdiction, 40 Persons who exercise jurisdiction of court, 42A Jurisdiction exclusive of interest awarded, 43 Transfer to High Court of proceeding within jurisdiction, 44 Transfer of proceedings beyond jurisdiction, 45 Transfer of proceedings where there is a counterclaim, 45A Removal of summary judgment application from District Court to High Court, Removal of question of law into High Court, 45B Removal of question of law into High Court, 46 Transfer of proceeding from High Court to District Court, 47 Procedure on transfer of proceeding from High Court to District Court, 49 Trustees, executors, and administrators, 50 Amount of wages, etc, for which minor may sue, 54 Penalty for neglecting witness summons, 55 Examination of witnesses and service of process abroad, 56A Powers of court exercisable before commencement of proceeding, 56B Power of court to order particular discovery against non-party after proceeding commenced, 61 Power of Judge to refer to arbitration, 62 Power of Judge to refer to Registrar or referee, 62B Power of court to award interest on debts and damages, 66 Removal of judgment of District Court into High Court, 67 Proceeding in High Court on judgment or order of District Court, 68 Removal of judgment or order of High Court into District Court, 69 Removal of judgment from one court to another [Repealed], 70 Removal of judgment of abolished court, Determination of questions concerning rules, 73 Agreements that decision would be binding, 77 Repayment of judgment sum and interest, 78A Right of appeal in respect of contempt of court [Repealed], 79 Nature of proceedings for enforcement of judgment, 79A Judgment may be enforced in any District Court, 80 Enforcement of judgments more than 6 years old, 81 Enforcement of order for payment by instalments, 83 Power to stay proceedings for enforcement, Information about judgment debtor's means, 84B Notice to complete financial statement, 84C Court to request information about judgment debtor's means, 84D Court may order hearing if information about judgment debtor's means not provided, etc, 84E Application for financial assessment hearing, 84EA Power to arrest judgment debtor or officer, 84EC Orders by court following filing of financial statement, etc, 84L Extent to which attachment orders bind the Crown, 84M Variation, suspension, and discharge of attachment orders, 84OA Process for dealing with application for contempt procedures, 84OB Warrant to arrest may be issued if judgment debtor cannot be served or fails to appear at hearing, 84P Application of Part 1 of Legal Services Act 1991 [Repealed], 84Q Judgment debtor doing community work to be discharged on payment, 86 Disposal of bills of exchange, etc, seized, 89 Sale of goods by public auction unless otherwise ordered, 90 Protection of bailiff selling goods under execution without notice of claim by third party, 91 Procedure when goods seized are secured under bill of sale, 91A Personal property securities register to be checked, 92 Priority of High Court and District Court executions, 93 Sale of goods where claim made thereto, 95 Claims for rent where goods seized under execution [Repealed], 97 Issue and execution of orders or warrants of committal, 100 Irregularity in execution of warrant can only be sued for as special damage, 101 Person illegally obtaining warrant liable for trespass, 102 Execution of warrant may be stayed on giving bond, 104 Further proceedings if chattels not recovered, 107 Actions against bailiffs acting under warrants, 108 Action to be brought within 6 months, and 1 month's notice to be given, 108A Service of documents under this Part, 108B Service provisions modified in special cases, 109 Absconding debtors may be held to bail, 110 Successful plaintiff entitled to execution, successful defendant entitled to compensation, 115 Fines and fees to be paid to Crown Bank Account, 117 Subtenant to give notice of proceeding to subtenant's immediate landlord, 123AA Chief executive of Ministry of Justice may approve forms, 123A Reviews of decisions of Registrars concerning fees, Schedule 1AOffences triable in either District Court or High Court and offences triable only in High Court, Schedule 2Enactments (repealed by this Act) formerly regulating or providing for matters which can be regulated or provided for by rules, District Courts Amendment Act (No 2) 2008, District Courts (Categorisation of Offences) Regulations 2008, An Act to consolidate and amend certain enactments of the Parliament of New Zealand relating to District Courts and the jurisdiction of District Court Judges in civil proceedings, and to make provision for the exercise of criminal jurisdiction under the Criminal Procedure Act 2011 in District Courts. 7. Section 1(2): District Courts Act 1947 brought into force, on 1 January 1949, by clause 2 of the District Courts Act Commencement Order 1948 (SR 1948/196). 24 October 1947. Description 1 online resource (150 pages). Labour courts Individual workmen raises Industrial dispute Under Section7 of Industria Dispute Act 1947 . be it enacted by the oireachtas as follows:— Number 20 of 1947. The model from the Gujarat State (with a judge and two assessors) was used from the 1970s onwards. AN ACT TO AMEND THE COURTS OF JUSTICE ACTS, 1924 TO 1949, AND OTHER ENACTMENTS. Which says: The appropriate government is empowered to establish one or more Labor Courts. The District Court of New Zealand is the primary court of first instance of New Zealand. Minister: Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence Agency: Department of Justice and Attorney-General AN ACT TO AMEND CERTAIN PROVISIONS, RELATING TO THE DISTRICT COURT, OF THE COURTS OF JUSTICE ACTS, 1924 TO 1936, AND OTHER ENACTMENTS, [29th July, 1946.] AN ACT TO AMEND THE COURTS … IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : Industrial Disputes Act, 1947 WP(C) No.7487/2005 Date of decision : January 7, 2008 C.P.W.D ….. … District Court Act 1991 Responsible Minister. District Courts Act 1947. Gratuities in respect of certain deceased Justices of the District Court. 22. Title: amended, on 1 January 1987, pursuant to section 29(2) of the Constitution Act 1986 (1986 No 114). Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. & O., No. CMF Description, CMF build in 2015, cmf description. Charge of pensions, etc., of Justices of the District Court on the Central Fund. Only amendments that have commenced are incorporated. Amended by [Act No. (1) This Act may be cited as the District Courts Act 1947. Courts of Justice Act, 1928. Note 4 at the end of this reprint provides a list of the amendments incorporated. Courts of Justice Act, 1947 Permanent Page URL. (Repealed) 4. 279 of 1945) Number 32 of 1953. The court hears civil claims of up to $350,000 and most criminal cases. District court areas. Attorney-General: Gazette 14.12.1993 p2965. As noted in chapter 1, the process of consolidating the provisions of the District Courts Act 1947 into a new Courts Bill will result in some of those provisions being reviewed and modernised. This legislation is affected by amending provisions that have not yet come into operation or taken effect. NZL_LEGISLATION_DISTRICT-COURTS-ACT_1947_ENG.pdf; File Size: 1.43 MB: File Type: pdf: Published: Jan 1, 1947: Language: English: Author: Legislation: Country: New Zealand 4 of 1999] 8. §§ 401 et seq. Note 4 at the end of this reprint provides a list of the amendments incorporated. 1947 No 16. 241: References to District Courts: 242: Short title and collective citation. ... District Courts Act 1947 repealed. [8th December, 1953.] Their civil jurisdiction is also intermediate, typically being for civil disputes where the amount claimed is greater than a $75 000 but less than $750 000. They were recognized through the 1888 Madras Village Court Act, ... (after 1947) Indian states. Note. Title District Courts Act, 1947 : reprint as at 1 April 2012. 2 Interpretation (1) In this Act, unless the context otherwise requires,— Until these amendments are made, the District Court Rules will still reference the 1947 Act. Rule Name District Courts Act 1947 District Court Act 2016 1.4 BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I. Commencement. District Court Act 2016 The purposes of this Act are— (a) to reconstitute District Courts as a single court with divisions for a Family Court, a Youth Court, and a Disputes Tribunal; and (b) to provide for— (i) the constitution and jurisdiction of the court; and (ii) the practice and procedure of the court; and [Getzville, New York] : William S. Hein & Company, [2013], Access provided by Berkeley Law Library via HeinOnline World Constitutions Illustrated. Wellington, New Zealand : published under the authority of the New Zealand Government, 2012. District Courts Act, 1947 : reprint as at 1 April 2012. Title: amended, on 1 April 1980, pursuant to section 18(1) of the District Courts Amendment Act 1979 (1979 No 125). Variant Title HeinOnline index title: District Courts Act, 1947, consolidated texts, reprint of 1 April 2012. The United States district courts are the general trial courts of the United States federal judiciary.Both civil and criminal cases are filed in district courts, each of which is a court of law, equity, and admiralty.There is a United States bankruptcy court associated with each United States district court. This site contains information about the District Court and publishes judicial decisions in a searchable database of District Court judgments including decisions on criminal, family, youth and civil matters. It is governed by the District Court Act 2016, which replaced the earlier District Courts Act 1947 as well as the District Court Rules which are periodically revised by the Rules Committee. District Court Act 2016. They hear indictable (serious) criminal offences excluding treason, murder and, in some States, manslaughter. … COURTS OF JUSTICE ACT, 1953. Corporate Author New Zealand, enacting jurisdiction. Description based on PDF title page, viewed September 29, 2013. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STEVEN AFTERGOOD, Plaintiff,)) v. Civ. No. District Courts Act 1947. Public Act: 1947 No 16: Date of assent: 24 October 1947: Commencement: see section 1(2) Note. (2) This Act shall come into force on a date to be appointed for the commencement thereof by the Governor-General by Proclamation. Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this reprint. Public Act. ... for a period of not less than three years, been a District Judge or an Additional District Judge; ... he has been the presiding officer of a Labour Court constituted under any Provincial Act or State Act for not less than five years. The district court is presided over by one District Judge appointed by the Governor with the consultation of High Court. Court fees and fees to ushers (1) There shall be paid on every proceeding in the intermediate Court or a District Court such fees as are prescribed in the Court Fees Act. ... Courts of Justice Act, 1947. SCHEDULE. ... (S.R. Use the table below to cross-reference the 1947 sections with the corresponding sections in the new District Court Act 2016. Note 4 at the end of this reprint provides a list of … There are 59 District Court locations throughout New Zealand. Subsequently in the year 1947, the Judge of Amritsar Small Cause Court was vested with delegated powers under the Provincial Insolvency Act and the Guardians and Wards Act. 21. Definition: nearest proclaimed place 6.Order on terms 7.Application of certain provisions of this Act PART 2 - THE DISTRICT COURT OF NEW SOUTH WALES Division 1 - Establishment of the Court 8. The history of the District court at Amritsar dates back to more than one hundred and fifty years. Hence, the Industrial Dispute Act of 1947, was passed as a preventive and curative measure. an act to amend certain provisions, relating to the district court, of the courts of justice acts, 1924 to 1936, and other enactments, [29th july, 1946.]. 01.-2524 ... Security Act of 1947 (Act), codified as amended at 50 u.s.c. Public Act: 1947 No 16: Date of assent: 24 October 1947: Commencement: see section 1(2) Note. District Court Rules referencing District Courts Act 1947 The following Rules reference the District Courts Act 1947, which has now been repealed. Consolidation of the District Courts Act 1947. HeinOnline index title: District Courts Act, 1947, consolidated texts, reprint of 1 April 2012, "Public act 1974 no 16, date of assent 24 October 1947.". ... any question of law arising in such matter to the Supreme Court by way of case stated for the determination of the Supreme Court and may adjourn the pronouncement of his judgment or order in the matter pending the determination of such case stated. imposed summarily by the Court. Preliminary and General. 240: District Courts Act 1947 repealed: References to District Courts, Family Courts, Youth Courts, and Disputes Tribunals. Changes authorised by subpart 2 of Part 2 of … And Disputes Tribunals be appointed for the District of COLUMBIA STEVEN AFTERGOOD, Plaintiff, ) v.. Through the 1888 Madras Village Court Act, unless the context otherwise,. Appointed for the District Courts Act 1947 U.S. 166 ( 1974 ) in Australian. Pdf title Page, viewed September 29, 2013 New District Court locations throughout New Zealand,! 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