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Start Free TrialPresidency Small Cause Courts Act, 1882 Section 44
Title: Such Order to Justify Bailiff Entering on Property and Giving Possession.bar to Proceedings Against Judge or Officer for Issuing, Etc., Order or Summons
State: Central
Year: 1882
Any such order shall justify the bailiff to whom it is addressed in entering after the hour of six in the morning and before the hour of six in the afternoon upon the property named therein, with such assistants as he thinks necessary, and giving possession of such property to the applicant: and no suit or prosecution shall be maintainable against any Judge or officer of the Small Cause Court by whom any such order as aforesaid was issued, or against any bailiff or other person by whom the same was executed, or by whom any such, summons as aforesaid was served, for the issue, execution or service of any such order or summons, by reason only that the applicant was not entitled to the possession of the property.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 51
Title: Appointment of Bailiffs and Appraisers
State: Central
Year: 1882
{Substituted by the A.O.1937 for the original section 51.Bailiffs and appraisers being servants of the Government, their remuneration and other conditions of service are now regulated by rules made, or deemed to be made, under Art.309 of the Constitution of India.} Four or more persons shall be appointed bailiffs and appraisers for the purposes of this Chapter.]
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 56
Title: What Places Bailiff May Force Open
State: Central
Year: 1882
The bailiff directed to make the distress may force open any stable, outhouse or other building, and may also enter any dwelling-house, the outer door of which may be open, and may break open the door of any room in such dwelling-house for the purpose of seizing property liable to be seized under this Chapter: Provided that he shall not enter or break open the door of any room appropriated for the zenn or residence of women, which by the usage of the country is considered private.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Section 79
Title: Default of Bailiff or Other Officer in Execution of Order or Warrant
State: Central
Year: 1882
If any clerk, bailiff or other inferior ministerial officer of the Small Cause Court who is employed as such in the execution of any order or warrant, loses, by neglect, connivance or omission, an opportunity of executing such order or warrant, he shall be liable, by order of the Chief Judge, on the application of the person injured by such neglect, connivance or omission, to pay such sum, not exceeding in any case the sum for which the said order or warrant was issued, as, in the opinion of the Chief Judge, represents the amount of the damage sustained by such person thereby.
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Complete Act
State: Central
Year: 1882
.....officer appointed under this Act shall, during his continuance as such Judge or officer, either by himself or as a partner of any other person, practice or act, either directly or indirectly, as an advocate, attorney, vakil or other legal practitioner or be concerned, either on his own account of for any other person, or as the partner of any other person, in any trade or profession. Any such Judge or officer so practicing, acting or concerned shall be deemed o have committed an offence under section 168 of the Indian Penal Code (XLV of 1860) Nothing herein contained shall be deemed to prohibit any such Judge or officer from being a member of any company incorporated or registered under Royal Charter, Letters Patent, 1[Act of Parliament of the United Kingdom or Central Act or Provincial Act or 2[State Act]. CHAPTER 03: LAW ADMINISTERED BY THE COURT SECTION 16: QUESTION ARISING IN SUITS, ETC. UNDER ACT TO BE DECIDED ACCORDING TO LAW ADMINISTERED BY HIGH COURT All questions, other than questions relating to procedure or practice, which arise in suits or other proceedings under this Act in the Small Cause Court shall be dealt with and determined according to the law for the.....
List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Chapter VIII
Title: Distresses
State: Central
Year: 1882
.....to the Registrar of the Small Cause Court; and such amount shall be applied first in payment of the costs of the said distress and then in satisfaction of the debt; and the surplus, if any, shall be returned to the debtor: Provided that the debtor may direct that the sale shall take place in any other manner, first giving security for any extra costs thereby occasioned. Section 66 - Costs of distresses No costs of any distress under this Chapter shall be taken or demanded except those mentioned in the part (marked E) of the third schedule hereto annexed. {The second paragraph,, relating to the application of sums raised as costs towards payment of contingent charges and remuneration of bailiff, was repealed by the A.O.1937.} Section 67 - Account of costs and proceeds The Registrar of the Small Cause Court shall keep a book in which all sums received as costs upon distresses made under this Chapter, and all sums paid as remuneration to the said bailiffs, and all contingent charges incurred in respect of such distresses, shall be duly entered. He shall also enter in the said book all sums realised by sale of the property distrained and paid over to landlords.....
View Complete Act List Judgments citing this sectionDelhi Cooperative Societies Act, 1972 Complete Act
State: Delhi
Year: 1972
.....as member of a co-operative society except the following, namely : (a) an individual competent to contract under Section 11 of the Indian Contract Act, 1972 (b) any other co-operative society (c) the Central Government; and (d) such class or classes of persons or association of persons as may be notified by the Lieutenant-Governor in his behalf : Provided that the provisions of clause (a) shall not apply to an individual seeking admission to a society exclusively formed for the benefit of students of a school or college (2) Notwithstanding anything contained in sub-section (1), the Lieutenant- Governor may, having regard to the fact that the interest of any person or class of persons conflicts or is likely to conflict with the objects of any society or class of societies, by general or special order, published in the Delhi Gazette, declare that any person or class of persons engaged in or carrying on any profession, business or employment shall be disqualified from being admitted, or for continuing as members or shall be eligible for membership only to a limited extent of any specified society or class of societies, so long as such person is or such persons are.....
List Judgments citing this sectionCode of Civil Procedure, 1908 Appendix E
Title: Execution
State: Central
Year: 1908
.....order be sent to ..... with a copy of the decree and of any order which may have been made for execution of the same and a certificate of non-satisfaction. Dated the .................. day of ................... 19......../20.... . Judge No. 4 certificate of non-satisfaction of decree (Title) Certified that no* satisfaction of the decree of this Court in suit No. ..... of 19..../20...., a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court. Dated the ................. day of ..................... 19........./20.... . Judge No. 5 certificate of the execution of decree transferred to another court (0.21.1.6.) (Title) No. of Suit and the Court by which the decree was passed Names if parties Date of application for excution Number of the execution case Process issued and dates of service thereof Costs of execution Amount realized How the case disposed of Remarks 1 2 3 4 5 6 7 8 9 .....
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Chapter VII
Title: Recovery of Possession of Immovable Property
State: Central
Year: 1882
.....by virtue of a title which determined previous to the date of the application, he shall be deemed to have shown cause within the meaning of this section. Section 44 - Such order to justify bailiff entering on property and giving possession.Bar to proceedings against Judge or officer for issuing, etc., order or summons Any such order shall justify the bailiff to whom it is addressed in entering after the hour of six in the morning and before the hour of six in the afternoon upon the property named therein, with such assistants as he thinks necessary, and giving possession of such property to the applicant: and no suit or prosecution shall be maintainable against any Judge or officer of the Small Cause Court by whom any such order as aforesaid was issued, or against any bailiff or other person by whom the same was executed, or by whom any such, summons as aforesaid was served, for the issue, execution or service of any such order or summons, by reason only that the applicant was not entitled to the possession of the property. Section 45 - Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings.Occupant may sue for compensation When.....
View Complete Act List Judgments citing this sectionPresidency Small Cause Courts Act, 1882 Complete Act
Title: Presidency Small Cause Courts Act, 1882
State: Central
Year: 1882
Preamble1 - PRESIDENCY SMALL CAUSE COURTS ACT, 1882 Chapter I Section1 - PRELIMINARY Section2 - [Repealed] Section3 - [Repealed] Section4 - Small Cause Court and Registrar defined Chapter II Section5 - Courts of Small Causes established Section6 - Court to be deemed under superintendence, etc., of High Court Section7 - Appointment of Judges Section8 - Rank and precedence of Judges Section8A - Performance of duties of absent Judge Section9 - Procedure and practice of Small Cause Court Section10 - Chief Judge to distribute business of Court Section11 - Procedure in case of difference of opinion Section12 - Seal to be used Section13 - Appointment of Registrar and other officers Section14 - Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees Section15 - Judge or other officer not to practise or trade Chapter III Section16 - Questions arising in suits, etc., under Act to be decided according to law administered by High Court Chapter IV Section17 - Local limits of jurisdiction of Court Section18 - Suits in which Court has jurisdiction Section18A - Plaintiff may abandon suit against defendant resident out of jurisdiction Section19 -.....
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