Bare Act Search Results

Code of Civil Procedure, 1908 Rule 37 to 40

Title: Arrest and Detention in the Civil Prison

State: Central

Year: 1908

.....discretion, order the judgment-debtor to be detained in the custody of an officer of the Court or release him on his furnishing security to the satisfaction of the Court for his appearance when required. (3) Upon the conclusion of the inquiry under sub-rule (1) the Court may, subject to the provisions of section 51 and to the other provisions of this Code, make an order for the detention of the judgment-debtor in the civil prison and shall in that event cause him to be arrested if he is not already under arrest : Provided that in order to give the judgment-debtor an opportunity of satisfying the decree, the Court may, before making the order of detention, leave the judgment-debtor in the custody of an officer of the Court for a specified period not exceeding fifteen days or release him on his furnishing security to the satisfaction of the Court for his appearance at the expiration of the specified period if the decree be not sooner satisfied. (4) A judgment-debtor released under this rule may be re-arrested. (5) When the Court does not make an order of detention under sub-rule (3), it shall disallow the application and, if the judgment-debtor is under arrest, direct his.....

Code of Civil Procedure, 1908 Section 55

Title: Arrest and Detention

State: Central

Year: 1908

.....he may apply to be declared an insolvent, and that he1[may be discharged] if he has not committed any act of bad faith regarding the subject of the application and if he complies with the provisions of the law of insolvency for the time being in force. ( 4 ) Where a judgment-debtor expresses hi s intention to apply to be declared an insolvent and furnishes security, to the satisfaction of the Court, that he will within one month so apply, and that he will appear, when called upon, in any proceeding upon the application or upon the decree in execution of which he was arrested, the Court2[may release] hi m from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realised or commit hi m to the civil prison in execution of the decree. ___________________ 1. Substituted by Act 3 of 1921, section 2, for "will be discharged". 2. Substituted by Act 3 of 1921, section 2, for "shall release".

Code of Civil Procedure, 1908 Rule 1 to 7

Title: Attendance of Witnesses Confined or Detained in Prisons

State: Central

Year: 1908

.....is satisfied that the examination of such person on commission will not be adequate. 3. Expenses to be paid into Court (1) Before making any order under rule 2, the Court shall require the party at whose instance or for whose benefit the order is to be issued, to pay into Court such sum of money as appears to the Court to be sufficient to defray the expenses of the execution of the order, including the travelling and other expenses of the escort provided for the witness. (2) Where the Court is subordinate to a High Court, regard shall be had, in fixing the scale of such expenses, to any rules made by the High Court in that behalf. 4. Power of State Government to exclude certain persons from the operation of rule 2 (1) The Stale Government may, at any time, having regard to the matters specified in sub-rule (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under rule 2, whether before or after the date of the order made by the State Government, shall have effect in respect of such person.....

Code of Civil Procedure, 1908 Section 95

Title: Compensation for Obtaining Arrest, Attachment or Injunction on Insufficientgrounds

State: Central

Year: 1908

.....and the Court may, upon such application, award against the plaintiff by its order such amount,1[not exceeding fifty thousand rupees], as it deems a reasonable compensation to the defendant for the2[expense or injury (including injury to reputation) caused to hi m]: Provided that a Court shall not award, under this section, an amount exceeding the limits of its pecuniary jurisdiction. ( 2 ) An order determining any such application shall bar any suit for compensation in respect of such arrest, attachment or injunction. _________________ 1. Substituted by Act 46 of 1999, Section 8, for "not exceeding one thousand rupees" (w.e.f. 1-7-2002). 2. Substituted by Act 104 of 1976, section 32, for "expense or injury caused to him" (w.e.f. 1-2-1977).

Code of Civil Procedure, 1908 Section 135

Title: Exemption from Arrest Under Civil Process

State: Central

Year: 1908

(1) No Judge, Magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court. (2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest under civil process other than process issued by such tribunal for contempt of Court while going to or attending such tribunal for the purpose of such matter, and while returning from such tribunal. (3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under an order for immediate execution or where such judgment-debtor attends to show cause why he should not be committed to prison in execution of a decree.

Code of Civil Procedure, 1908 Section 135A

Title: Exemption of Members of Legislative Bodies from Arrest Anddetention Under Civil Process

State: Central

Year: 1908

.....Council of a State having both such Houses, during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of Parliament or Houses of the State Legislature, as the case may be, and during the forty days before and after such meeting, sitting or conference.] (2) A person released from detention under sub-section (1) shall, subject to the provisions, of the said sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had not been released under the provisions, of sub-section (1).] __________________ 1. Inserted by Act 23 of 1925, section 3. 2. Substituted by Act 104 of 1976, section 45, for sub-section (1) (w.e.f 1-2-1977).

Code of Civil Procedure, 1908 Rule 1 to 4

Title: Arrest Before Judgment

State: Central

Year: 1908

.....to answer the claim against hi m, or to furnish security for hi s appearance at any time when called upon while the suit is pending and until satisfaction of any decree that may be passed against hi m in the suit, or make such order as it thinks fit in regard to the sum which may have been paid by the defendant under the proviso to the last preceding rule. ( 2 ) Every surety for the appearance of a defendant shall bind hi mself, in default of such appearance, to pay any sum of money which the defendant may be ordered to pay in the suit. 3 . Procedure on application by surety to be discharged ( 1 ) A surety for the appearance of a defendant may at any time apply to the Court in which he became such surety to be discharged from hi s obligation. ( 2 ) On such application being made, the Court shall summon the defendant to appear or, if it thinks fit may issue a warrant for hi s arrest in the first instance. ( 3 ) On the appearance of the defendant in pursuance of the summons or warrant, or on hi s voluntary surrender, the Court shall direct the surety to be discharged from hi s obligation, and shall call upon the defendant to find fresh security. 4 . Procedure where.....

Code of Civil Procedure, 1908 Section 56

Title: Prohibition of Arrest or Detention of Women in Execution of Decree for Money

State: Central

Year: 1908

Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money.

Code of Civil Procedure, 1908 Section 81

Title: Exemption from Arrest and Personal Appearance

State: Central

Year: 1908

In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity-- (a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and (b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person.

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....