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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

.....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,.....

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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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Divorce Act, 1869 Section 58

Title: English Clergyman Not Compelled to Solemnize Marriages of Persons Divorced Foradultery

State: Central

Year: 1869

No clergyman in Holy Orders of the1[***] Church of England2[***] shall be compelled to solemnize the marriage of any-person whose former marriage has been dissolved on the ground of his or her adultery, or shall be liable to any suit, penalty or censure for solemnizing or refusing to solemnize the marriage of any such person. ______________________ 1 .The word "United" rep. by Act 12 of 1873, Section 1 and Schedule. 2.The words "and Ireland" rep. by Act 12 of 1873, Section 1 and Schedule.

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Indian Succession Act, 1925 Section 362

Title: When Legatee, Not Satisfied or Compelled to Refund Under Section 361, Cannot Oblige One Paid in Full to Refund

State: Central

Year: 1925

If the assets were sufficient to satisfy all the legacies at the time of the testator's death, a legatee who has not received payment of his legacy, or who has been compelled to refund under section 361, cannot oblige one who has received payment in full to refund, whether the legacy were paid to him with or without suit, although the assets have subsequently become deficient by the wasting of the executor.

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