Nothing in Act to confer judicial or administrative powers; or to render the presence of Kazi necessary; or to prevent any one acting as Kazi
Section 4 of the Kazis' Act, 1880 deals with nothing in Act to confer judicial or administrative powers; or to render the presence of Kazi necessary; or to prevent any one acting as Kazi. Nothing herein contained, and no appointment made hereunder, shall be deemed-- (a) to confer any judicial or administrative powers on any Ka’zi’ or Naib Ka’zi’ appointed hereunder; The Act came into force on 09 Jul 1880.
Nothing herein contained, and no appointment made hereunder, shall be deemed--
(a) to confer any judicial or administrative powers on any Ka’zi’ or Naib Ka’zi’ appointed hereunder; or
(b) to render the presence of a Ka’zi’ or Naib Ka’zi’ necessary at the celebration of any marriage or the performance of any rite or ceremony; or
(c) to prevent any person discharging any of the functions of a Ka’zi’.
Section 4, The Kazis' Act, 1880 (Act 12 of 1880).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Syed A. Khadir Chistty v. The State of Andhra Pradesh & Ors.
Court's Decision & Legal Precedent
DATE-VERIFIED Final Order body '17th March, 2021' matches index Final Order 2021-03-17 (order-1.pdf). s.2 empowers State to appoint one or more Kazis for the same local area after consulting principal Muhammadan residents — an existing Government Kazi has no monopoly / exclusive territorial right to block another s.2 appointment; challenge to a rival appointment may still lie on misconduct/unfitness grounds under s.2 removal architecture; matter remanded for enquiry into misconduct allegations before affirming appointment.
On this section: Operative teaching of s.4: appointment under the Act neither judicialises the Kazi nor monopolises Kazi functions — anyone may discharge Kazi functions; presence of appointed Kazi is not necessary.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 4
What have the courts held on Section 4 of the Kazis' Act?
Syed A. Khadir Chistty v. The State of Andhra Pradesh & Ors. (17 Mar 2021) is the leading judgment on this section among those set out below: Operative teaching of s.4: appointment under the Act neither judicialises the Kazi nor monopolises Kazi functions — anyone may discharge Kazi functions; presence of appointed Kazi is not necessary.
How do I find court cases under Section 4 of the Kazis' Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Kazis Act 1880 4, section 4 Kazis Act 1880, section 4 of the Kazis' Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Syed A. Khadir Chistty v. The State of Andhra Pradesh & Ors. (17 Mar 2021).
When did Section 4 of the Kazis' Act come into force?
Section 4 of the Kazis' Act, cited as Kazis Act 1880 4, came into force on 09 Jul 1880, having been enacted on 09 Jul 1880. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Power to appoint Kazis for any local area189 words
- 3. Naib Kazis87 words
- 1. Short title63 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.