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The West Bengal Panchayat Act, 1973 - MGNREGA Jalpaiguri, Home

The West Bengal Panchayat Act, 1973 - MGNREGA Jalpaiguri, Home

The West Bengal Panchayat Act, 1973 - MGNREGA Jalpaiguri, Home

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suits when the value of the suit does not exceed two hundred and fifty rupees,<br />

namely:—<br />

(a) suits for money due on contracts;<br />

(b) suits for the recovery of movable property or the value of such<br />

property;<br />

(c) suits for compensation for wrongfully taking or damaging movable<br />

property; and<br />

(d) suits for damages by cattle-trespass.<br />

(2) No other court shall have jurisdiction to try any suit of the classes mentioned<br />

in sub-section (1):<br />

Provided that nothing in this <strong>Act</strong> shall lake away the jurisdiction of any court to try<br />

a suit which a Nyaya <strong>Panchayat</strong> is prohibited by section 78 from trying or which<br />

should be, in the opinion of the Nyaya <strong>Panchayat</strong> or of the District Judge<br />

exercising the power conferred by sub-section (2) of section 79, tried by an<br />

ordinary court.<br />

62. No suit shall lie in any Nyaya <strong>Panchayat</strong>—<br />

(a) on a balance of partnership account;<br />

(b) for a share or part of a share under an intestacy, or for a legacy or part<br />

of legacy under a Will;<br />

(c) by or against the Union of India or a State Government or a local<br />

authority or public officers for acts done in their official capacity;<br />

(d) by or against minors or persons of unsound mind or when any such<br />

person is in the opinion of the Nyaya <strong>Panchayat</strong> a necessary party;<br />

(e) for the assessment, enhancement, reduction, abatement,<br />

apportionment or recovery of rent of immovable property; or<br />

(f) by a mortgagee of immovable properly for the enforcement of the<br />

mortgage by foreclosure or sale of the property or otherwise, or by a<br />

mortgagor of immovable properly for the redemption of the mortgage.<br />

Suites not be<br />

tried.<br />

72

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