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Start Free TrialIndian Contract Act, 1872 Section 43
Title: Any One of Joint Promisors May Be Compelled to Perform
State: Central
Year: 1872
.....D the sum of 3,000 rupees. C is compelled to pay the whole. A is insolvent, but his assets are sufficient to pay one-half of his debts. C is entitled to receive 500 rupees from A's estate, and 1,250 rupees from B. (c) A, B and C are under a joint promise to pay D 3,000 rupees. C is unable to pay anything, and A is compelled to pay the whole. A is entitled to receive 1,500 rupees from B. (d) A, B and C are under a joint promise to pay D 3,000 rupees, A and B being only sureties for C. C fails to pay. A and B are compelled to pay the whole sum. They are entitled to recover it from C. ______________________ 1. Substituted by Act 12 of 1891, section 2 and Schedule II Pt. I for "one".
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 94
Title: Act to Which a Person is Compelled by Threats
State: Central
Year: 1860
Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at me time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. Explanation 1.--A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law. Explanation 2.--A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception.
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Chapter 7
Title: Processes to Compel the Production of Things
State: Central
Year: 1973
.....may be issued (1) (a) Where any Court has reason to believe that a person to whom a summons or order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or (b) where such document or thing is not known to the Court to be in the possession of any person, or (c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained. (2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified. (3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document,.....
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 330
Title: Voluntarily Causing Hurt to Extort Confession, or to Compel Restoration of Property
State: Central
Year: 1860
.....information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also he liable to fine. Illustrations (a) A, a police-officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section. (b) A, a police-officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section. (c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z, A is guilty of an offence under this section. (d) A, a zamindar, tortures a raiyat in order to compel him to pay his rent. A is guilty of an offence under this section.
View Complete Act List Judgments citing this sectionIndian Penal Code (45 of 1860) Section 366
Title: Kidnapping, Abducting or Inducing Woman to Compel Her Marriage, Etc.
State: Central
Year: 1860
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; 1 [and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable as aforesaid]. ___________________ 1 Added by Act 20 of1923, section 2.
View Complete Act List Judgments citing this sectionIndian Trusts Act, 1882 Section 61
Title: Right to Compel to Any Act of Duty
State: Central
Year: 1882
The beneficiary has a right that his trustee shall be compelled to perform any particular act of his duty as such, and restrained from committing any contemplated or probable breach of trust. Illustrations (a) A contracts with B to pay him monthly Rs.100 for the benefit of C. B writes and signs a letter declaring that he will hold in trust for C the money so to be paid. A fails to pay the money in accordance with his contract. C may compel B on a proper indemnity to allow c to sue on the contract in B's name. (b) A is trustee of certain land, with a power to sell the same and pay the proceeds to B and C equally. A is about to make an improvident sale of the land. B may sue on behalf of himself and C for an injunction to restrain A from making the sale.
View Complete Act List Judgments citing this sectionKarnataka Town and Country Planning Act, 1961 Section 54
Title: Power to Compel Attendance of Witnesses, Etc.
State: Karnataka
Year: 1961
For the purposes of this Act, an officer appointed under sub-section (1) of section 42, or a Town Planning Officer or an Officer to whom the Joint Town Planning Board has under section 52 delegated its powers, may summon and enforce the attendance of witnesses including the parties interested or any of them and compel them to give evidence and compel the production of documents by the same means and, as far as possible, in the same manner as is provided in the case of a Civil Court by the Code of Civil Procedure, 1908.
View Complete Act List Judgments citing this sectionBombay Court of Wards Act, 1905, (Maharashtra) Section 44A
Title: Power to Compel Attendance of Witnesses
State: Maharashtra
Year: 1905
1[For the purposes of this Act, the Court of Wards may summon and enforce the attendance of witnesses and compel them to give evidence, and compel the production of documents, by the same means and, as far as possible, in the same manner, as is provided in the case of a Civil Court by the Code of Civil Procedure, 1908.] ____________________ 1. This section was inserted by Section 9 of the Bombay Court of Wards (Amendment) Act, 1913 (Bom. 2 of 1913).
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 98
Title: Power to Compel Restoration of Abducted Females
State: Central
Year: 1973
Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or other person having the lawful charge or such child, and may compel compliance with such order, using such force as may be necessary.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 138
Title: Registrar and Other Officers Not Compellable to Produce Register,etc.
State: Central
Year: 1999
The Registrar or any officer of the Trade Marks Registry shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this Act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special cause.
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