Indian Bare Acts

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Year : 1882

{This power is now regulated by rules made or deemed to have been made under Art.309 of the Constitution of India.} Repealed by the A.O.1937.[Power to fine officers.]

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.

If any clerk, bailiff or other inferior ministerial officer of the Small Cause Court is charged with extortion or misconduct while acting under colour of its process, or with not duly paying or accounting for any money levied by him under its authority, the Court may inquire into such charge, and may make such order for the repayment or payment of any money so extorted, or of any money so levied as aforesaid, and of damages and costs, by such officer, as it thinks fit.

For the purposes of any inquiry under this Chapter, the Small Cause Court shall have all the powers or summoning and enforcing the attendance of witnesses and compelling the production of documents which it possesses in suits under this Act.

Any order under this Chapter for the payment or repayment of money may, in default of payment of the amount payable there under, be enforced by the person to whom such amount is payable as if the same were a decree of the Small Cause Court in his favour.

Last updated on July, 2016

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Bare Acts

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