The Manipur (Village Authorities in Hill Areas) Act, 1956
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 21 How cases may be instituted.
(1) A case before a village court may be instituted by a complaint, made orally or in writing, to a member of the village court.
(2) If the complaint is made orally, the member shall record the name of the complainant, the name of the person against whom the complaint is made, the nature of the offence and such other particulars, if any, as may be, prescribed, and shall direct the complainant to appear before the village court.
(2) If the complaint is made orally, the member shall record the name of the complainant, the name of the person against whom the complaint is made, the nature of the offence and such other particulars, if any, as may be, prescribed, and shall direct the complainant to appear before the village court.
Section 22 Power of village courts to dismiss or refuse to entertain complaint.
(1) If upon the fact of the complaint, or on examining the complaint, the village court is of opinion that the complaint is frivolous vexatious or untrue, it shall dismiss the case by order in writing.
(2) If at any time it appears to the village court—
(a) that it has no jurisdiction to cry the case, or
(b) that the offence is one for which the sentence which the court is competent to pass would be inadequate, or
(c) that the case is one which should not be tried by the court,
it shall direct the complainant to the proper court.
(2) If at any time it appears to the village court—
(a) that it has no jurisdiction to cry the case, or
(b) that the offence is one for which the sentence which the court is competent to pass would be inadequate, or
(c) that the case is one which should not be tried by the court,
it shall direct the complainant to the proper court.
Section 23 Dismissal of case for default.
If in any case before a village court the complainant fails to appear on the day fixed, or if in the opinion of the court he shows negligence in prosecuting his case, the court may dismiss the case for default, and such order of dismissal shall operate as an acquittal.
Section 24 Proceedings preliminary to trial.
(1) If the complaint is not dismissed, the village court shall, subject to the provisions of section 53, by summons or otherwise require the accused to appear and answer the complaint.
(2) If the accused fails to appear or cannot be found, the court shall report the fact to the nearest magistrate, who may issue a warrant for the arrest of the accused and when arrested may forward him for trial to the village court or release him on bail to appear before it.
(3) The village court shall, if possible, try the case on the day on which the accused appears or is brought before it; but if that is not possible, the village court shall release him on his executing a bond for a sum not exceeding two hundred rupees to appear before the court on any subsequent day to which the trial may be adjourned.
(2) If the accused fails to appear or cannot be found, the court shall report the fact to the nearest magistrate, who may issue a warrant for the arrest of the accused and when arrested may forward him for trial to the village court or release him on bail to appear before it.
(3) The village court shall, if possible, try the case on the day on which the accused appears or is brought before it; but if that is not possible, the village court shall release him on his executing a bond for a sum not exceeding two hundred rupees to appear before the court on any subsequent day to which the trial may be adjourned.
Section 25 Bar to appeal from the order of village courts, but power to order retrial.
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), there shall be no appeal by a convicted person in any case tried by a village court:
Provided that the Deputy Commissioner or the sub-divisional magistrate, if satisfied that a failure of justice has occurred, may, of his own motion or on the application of the parties concerned, cancel or modify any order of conviction or of compensation made by a village court or direct the retrial of any case by a court of competent jurisdiction subordinate to him.
Provided that the Deputy Commissioner or the sub-divisional magistrate, if satisfied that a failure of justice has occurred, may, of his own motion or on the application of the parties concerned, cancel or modify any order of conviction or of compensation made by a village court or direct the retrial of any case by a court of competent jurisdiction subordinate to him.
Section 26 Power of village courts to impose fine or to award compensation.
(1) A village court shall record its decision in writing and may sentence an offender convicted by it to pay a fine not exceeding two hundred rupees or in default to imprisonment for a term not exceeding one month.
(2) When a village court imposes a fine under sub-section (1), it may, when passing the order, direct that whole or any part of the fine recovered shall be applied in payment of compensation for any loss or injury caused by the offence.
(3) When a person has been sentenced to imprisonment under sub-section (1) in default of payment of fine, if such fine be not paid within ten days of the passing of the sentence or within such further time, if any, as the village court may allow, the court may cause him to be arrested and may commit him to the nearest jail to serve his sentence:
Provided that notwithstanding anything contained in the Indian Penal Code (45 of 1860)—
(a) the fine imposed by a village court shall not be realised from any person who has served his term of imprisonment under this section;
(b) the person serving his term of imprisonment shall be forthwith released, if the fine is paid before the expiry of the term of imprisonment:
Provided further that no woman shall be sentenced to imprisonment in default of payment of fine.
(2) When a village court imposes a fine under sub-section (1), it may, when passing the order, direct that whole or any part of the fine recovered shall be applied in payment of compensation for any loss or injury caused by the offence.
(3) When a person has been sentenced to imprisonment under sub-section (1) in default of payment of fine, if such fine be not paid within ten days of the passing of the sentence or within such further time, if any, as the village court may allow, the court may cause him to be arrested and may commit him to the nearest jail to serve his sentence:
Provided that notwithstanding anything contained in the Indian Penal Code (45 of 1860)—
(a) the fine imposed by a village court shall not be realised from any person who has served his term of imprisonment under this section;
(b) the person serving his term of imprisonment shall be forthwith released, if the fine is paid before the expiry of the term of imprisonment:
Provided further that no woman shall be sentenced to imprisonment in default of payment of fine.
Section 27 Power of village to release certain offenders after admonition or on probation of good conduct.
When any person is convicted by a village court of an offence punishable under section 26 and no previous conviction is proved against him, if it appears to the said court, regard being had to the age, character and antecedents of the offender and the circumstances in which the offence was committed, that it is expedient—
(a) that the offender should be released after due admonition, the village court may instead of sentencing him to any punishment, release him after due admonition; or
(b) that the offender should be released on probation of good conduct, the village court may, notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), instead of sentencing him at once to any punishment, direct that he be released on his executing a bond for a sum not exceeding two hundred rupees to appear and receive sentence when called upon during such period not exceeding one year as the village court may direct, and in the meantime to keep the peace and be of good behaviour.
(a) that the offender should be released after due admonition, the village court may instead of sentencing him to any punishment, release him after due admonition; or
(b) that the offender should be released on probation of good conduct, the village court may, notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), instead of sentencing him at once to any punishment, direct that he be released on his executing a bond for a sum not exceeding two hundred rupees to appear and receive sentence when called upon during such period not exceeding one year as the village court may direct, and in the meantime to keep the peace and be of good behaviour.
Section 28 Power of village courts to permit compounding of offences.
Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), the village court may allow the parties to compound any offence tried by it.
Section 29 Power to transfer criminal cases.
The Deputy Commissioner or the sub-divisional magistrate, either on application made to him in this behalf, or on his own motion, may transfer any case from one village court to another or to any other court subordinate to him.
Section 30 Jurisdiction of village courts in civil cases.
Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or in any other law for the time being in force, but subject to the provisions of section 31 and section 32, the village court and the ordinary civil court, within the local limits of whose jurisdiction the village is situated, shall have concurrent jurisdiction to try the following classes of suits, namely:—
(a) suits for money due on contracts;
(b) suits for the recovery of movable property or the value of such property;
(c) suits for compensation for wrongfully taking or injuring movable property; and
(d) suits for damages by cattle trespass;
when the value of the suit does not exceed five hundred rupees.
(a) suits for money due on contracts;
(b) suits for the recovery of movable property or the value of such property;
(c) suits for compensation for wrongfully taking or injuring movable property; and
(d) suits for damages by cattle trespass;
when the value of the suit does not exceed five hundred rupees.
Section 31 Certain suits not to be tried by village courts.
No suit shall lie in any village court—
(a) on a balance of partnership account,
(b) for a share or part of a share under an intestacy of for a legacy or part of a legacy under a will,
(c) by or against the Government or public officers in their official capacity,
(d) by or against minors or persons of unsound mind.
(e) for the assessment, enhancement, reduction, abetment, apportionment, or recovery of rent of immovable property.
(f) for recovery of immovable property, or
(g) for enforcement or redemption of a mortgage of immovable property.
(a) on a balance of partnership account,
(b) for a share or part of a share under an intestacy of for a legacy or part of a legacy under a will,
(c) by or against the Government or public officers in their official capacity,
(d) by or against minors or persons of unsound mind.
(e) for the assessment, enhancement, reduction, abetment, apportionment, or recovery of rent of immovable property.
(f) for recovery of immovable property, or
(g) for enforcement or redemption of a mortgage of immovable property.
Section 32 Local limits of jurisdiction of village courts.
No suit shall lie in any village court, unless at least one of the defendants resides within the local limits of its jurisdiction at the time of the institution of the suit, and the cause of action has arisen wholly or in part within those limits.
Section 33 How suits may be instituted.
(1) A suit before a village court may be instituted by a petition made orally or in writing, and if the petition, is made orally, the court shall record such particulars as may be prescribed.
(2) The plaintiff on instituting his suit shall state the value of the claim.
(2) The plaintiff on instituting his suit shall state the value of the claim.
Section 34 Suits barred by limitation are not triable by village courts.
(1) If at any time the village court is of opinion that the suit is barred by limitation, the court shall, by order in writing, dismiss the suits.
(2) If at any time it appears to the village court that it has no jurisdiction to entertain the suit, the court shall direct the plaintiff to the proper court.
(2) If at any time it appears to the village court that it has no jurisdiction to entertain the suit, the court shall direct the plaintiff to the proper court.
Section 35 Dismissal of suits for default.
If in any suit before a village court the plaintiff fails to appear on the date fixed or if in the opinion of the court he shows negligence in prosecuting his suit, the court may dismiss the suit for default:
Provided that a village court may restore a suit dismissed for default, if within thirty days from the date of such dismissal the plaintiff satisfies the court that he was prevented by sufficient cause from appearing on the date fixed.
Provided that a village court may restore a suit dismissed for default, if within thirty days from the date of such dismissal the plaintiff satisfies the court that he was prevented by sufficient cause from appearing on the date fixed.
Section 36 Summons to defendants to appear and answer.
If on receiving the petition the village court is satisfied that the trial of the suit may be proceeded with, it shall by summons or otherwise require the defendant to appear and answer orally or in writing the claim made in the suit.
Section 37 Ex parte decision.
If the defendant fails to appear and the village court is satisfied that he has received notice of the date fixed for hearing, the court may decide the suit ex parte:
Provided that any defendant against whom a suit has been decided ex parte may, within thirty days from the date of executing any processes for enforcement of the decision, apply orally or in writing, to the village court to set aside the order; and the court, if satisfied, that the defendant did not receive due notice of the date of hearing or was prevented by any sufficient cause from appearing on the date fixed, shall set aside the decision and shall appoint a day for proceeding with the suit.
Provided that any defendant against whom a suit has been decided ex parte may, within thirty days from the date of executing any processes for enforcement of the decision, apply orally or in writing, to the village court to set aside the order; and the court, if satisfied, that the defendant did not receive due notice of the date of hearing or was prevented by any sufficient cause from appearing on the date fixed, shall set aside the decision and shall appoint a day for proceeding with the suit.
Section 38 No order to be set aside without notice to opposite party.
No decision or order or a village court shall be set aside under section 35 or section 37 unless notice in writing has been served by the village court on the opposite party in the prescribed manner.
Section 39 Power of village courts to determine necessary parties.
(1) Subject to the provisions of clause (c) or clause (d) of section 31 the village court may add as parties to a suit any persons whose presence as parties it considers necessary for the proper decision thereof, and shall enter the names of such parties in the register of suits, and the suit shall be tried as between the parties whose names are entered in the said register:
Provided that when any party is added, notice shall be given to him and he shall be given an opportunity of appearing before the trial of the suit is proceeded with.
(2) In all cases where a new party appears under the proviso to sub-section (1) during the trial of a suit, he may require that the trial shall begin de novo.
Provided that when any party is added, notice shall be given to him and he shall be given an opportunity of appearing before the trial of the suit is proceeded with.
(2) In all cases where a new party appears under the proviso to sub-section (1) during the trial of a suit, he may require that the trial shall begin de novo.
Section 40 Certain suits not to be tried by village courts.
No village court shall proceed with the trial of any suit in which the matter directly and substantially in dispute is pending for decision in the same court or in any other court in a previously instituted suit between the same parties or between parties under whom they or any of them claim, or has been heard and finally decided in a suit between the same parties, or between parties under whom they or any of them claim.