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Indian 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".

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Indian 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.

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Code of Criminal Procedure, 1973 Chapter 7

Title: Processes to Compel the Production of Things

State: Central

Year: 1973

.....104 - Power to impound document, etc., produced Any Court may, if it thinks fit, impound any document or thing produced before it under this Code. Section 105 - Reciprocal arrangements regarding processes ( 1 ) Where a Court in the territories to which this Code extends thereafter in this section referred to as the said territories desires that- (a) a summons to an accused person, or (b) a warrant for the arrest of an accused person, or (c) a summons to any person requiring hi m to attend and produce a document or other thing, or to produce it, or (d) a search-warrant, 1[issued by it shall be served or executed at any place,- (i) within the local jurisdiction of a Court in any State or area in India outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that Court to be served or executed; and where any summons referred to in clause (a) or clause (c) has been so served, the provisions of section 68 shall apply in relation to such summons as if the presiding officer of the Court to whom it is sent were a Magistrate in the said territories; (ii) in any country of place outside India.....

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Indian 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.

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Indian 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.

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Indian 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.

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Karnataka 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.

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Bombay 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).

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Code 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.

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Trade 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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