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Application of Case Filin

Cases triable by Village Courts


(1) Notwithstanding anything contained in the Code of Criminal Procedure and the Code of Civil Procedure, criminal cases relating to matters specified in Schedule I to the Village Courts Act and civil suits relating to matters specified in Schedule II shall, unless otherwise provided, be triable by the Village Court and no criminal or civil Court shall shall have no jurisdiction over any such suit or suit.


(2) No case shall be tried by a Village Court in connection with any offense specified in the first item of the Schedule if any person has been convicted of any offense cognizable in the said case and has previously been sentenced by the Village Court, if—


a) the case involves the interest of a minor;


b) any agreement entered into between the parties to the dispute contains a provision for arbitration or dispute settlement;


c) Government or local authority or any public servant in performance of duty becomes a party to the said dispute.


(3) The provisions of (1) shall not apply to any suit or proceeding to establish title to or to recover possession of immovable property to which an order has been passed by the Village Court for possession.


 


Application for formation of village court


(1) In cases where any case under this Act is triable by the Village Court, any party to the dispute may apply to the Chairman of the Union Parishad in the prescribed manner for the purpose of taking a decision for the formation of a Village Court for the trial of the said case, and the said application shall be submitted by the Chairman of the Union Parishad with written reasons. If you do not refuse, you will take the initiative to form a village court in the prescribed manner.


(2) A person aggrieved by an order rejecting an application under the said Act may appeal against the order, in the prescribed manner and within the prescribed time, in the court of the Assistant Judge having jurisdiction.


 


Application fee


A fee of two rupees in relation to the prom part of the schedule and four rupees in relation to the second part has to be submitted along with the application form. Returning the rejected application to the applicant with the order of disapproval In case the application is rejected by the Chairman of the Union Parishad, it shall be returned to the applicant with the order of disapproval. Revision/appeal against the order of disallowance of the application shall be filed before the Assistant Judge having proper jurisdiction for reconsideration within 30 days from the date of disallowance of the application.


 


What information must be included in the application?


The application should contain the following information and details:


1. Name and address of the Union Parishad to which the application is made;


2. Name, address and identity of the applicant;


3. Name, address and identity of the defendant;


4. the name of the union in which the offense was committed or the cause of action arose;


5. Cause of incident, place of incident, name of union, date and time of incident;


6. A brief description of the complaint or claim, nature and amount of damages;


7. Remedy sought.


 


What will the chairman do after receiving the application?


After receiving the application form UP Chairman will check and accept it. If the application is accepted, the Chairman of the Union Parishad will summon the respondent to appear on the specified date and direct the plaintiff to appear. Proceed with the further proceedings of the case. He can reject the application if it is incomplete i.e. missing necessary information or out of jurisdiction. However, the reasons for rejection of the application must be written on the application form. A village court will not be constituted if the respondent admits the claim or dispute. If the respondent appears as per summons or otherwise and admits the claim or dispute and fulfills the said claim in the presence of the Chairman of the Union Parishad, the village court will not be constituted.


 


For what reasons can the application be rejected?


1. Failure to deposit the application fee;


2. If out of jurisdiction;


3. If an application is made against an unnatural person;


4. If the application is incomplete i.e. if there is no name, address and identity of the applicant, respondent, witness;


5. If the incident, cause of incident, place-time-date of incident, amount of damage, remedy sought, etc. are not mentioned;


6. If the person has been previously convicted for reasons acceptable to the court;


7. If adverse to the interests of the minor;


8. If there is an agreement to arbitrate the dispute;


9. If the Government or local authority or any public servant in performance of duty is a party to the civil suit.


 


Jurisdiction of Village Courts, etc


1. If the parties to the dispute are ordinarily residents of the union in which the offense is committed or the cause of action arises, the village court shall be constituted in that union and the village court shall have jurisdiction to try such suit.


2. If one party to the dispute is a resident of the Union in which the offense is committed or the cause of action arises, and the other party is a resident of a foreign Union, the Gram Adalat shall be constituted in the Union within which the offense is committed or the cause of action arises; However, the parties can nominate a representative from their union if they wish.


 


Powers of Village Courts


Unless otherwise provided in this Act, the Village Court may, in respect of the criminal offenses set out in Part I of the Schedule to the Act, 2006, order a person to pay compensation not exceeding twenty five thousand rupees only. may, in any suit relating to civil matters described in Part II of the Schedule, make an order for the payment of an amount specified in the Schedule in such matter or order the return of the property or possession to the beneficial owner of the property.




Here is a sample application to village court and a sample case order:

মামলার আবেদন.pdf