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Investiture of inferior Courts with jurisdiction of District Court for purpose of this Act -Sec.388

Legal Version/Simplified Version

(18) Investiture of inferior Courts with jurisdiction of District Court for purpose of this Act -Sec.388

  1. The State Government may, by notification in the official gazette, invest any Court inferior in grade to a District Judge with power to exercise the functions of a District Judge under this part.
  2. Any inferior Court so invested shall, within the local limits of his jurisdiction, have concurrent jurisdiction with the District Judge in the exercise of all the powers inferred by this Part upon the District Judge, and the provisions of this Part relating to the District Judge, shall apply to such an inferior Court as if it were a District Judge.
  3. An order of a District Judge on an appeal from an order of an inferior Court under the last foregoing sub-section shall, subject to the provisions as to reference to an revision by the High Court and as to review of judgement of the Code of Civil Procedure, 1908, as applied by Section 141 of that Code, be final.
  4. The District Judge may withdraw any proceedings under this Part from an inferior Court, and may either himself dispose of them or transfer them to another such Court established within the local limits of the jurisdiction of the District Judge and having authority to dispose of the proceedings.
  5. A notification under sub-section (1) may specify any inferior Court specially or any class of such Court in any local area.
  6. Any Civil Court which for any enactment is subordinate to, or subject to the control of, of a District Judge shall, for the purpose of this Section, be deemed to be a Court inferior in grade to a District Judge


Simplified Version

(18) Investiture of inferior Courts with jurisdiction of District Court for purpose of this Act -Sec.388

   1. State government has the power to direct an inferior court to decide the question of       succession, than the inferior court shall have all the powers equal to a District Judge.

   2. Any inferior Court given the powers, within the local limits of it's jurisdiction, have equal jurisdiction with the District Judge in the exercise of all the powers given to it, and all provisions, shall apply to such an inferior Court as if it were a District Judge

   3. If there is an appeal by the inferior court the district court the case would be decided on the references and guidelines of the High court and that would be considered final.

  4. he district judge reserves the right to withdraw proceedings from the lower court. He can decide it himself or even transfer it to another such court with in the jurisdiction of the district judge.

  5. The district judge has the power to send any notification to any inferior courts in any local area.

  6. Any civil court which is under the district judge shall for this section, be considered inferior in rank to the district judge.

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