Miscellaneous: NAME: Sohana Akter ROLL: LLB06509741

NAME: Sohana Akter
ROLL: LLB06509741
COURSE TITLE: Code of Civil Procedure (II)
COURSE CODE: CPC 322
SUBMITTED TO: Nishat Afza (Senior Lecturer)
DATE: 24 August 2020
MISCELLANEOUS
1. What do you know about arrest?
Answer: An arrest is the act of apprehending and taking a person into custody, usually
because the person has been suspected of or observed committing a crime. After being taken
into custody, the person can be questioned further and/or charged. An arrest is a procedure in
a criminal justice system. Police and various other officers have powers of arrest.
2. Why court issues notice instead of warrant?
Answer: An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state,

which ... officer must give notice to the accused of the existence of the warrant, the reason for
it, and produce it if requested. If the complaint or one or more affidavits filed with the
complaint establish probable cause to believe that an offense has been committed and that the
defendant committed it, the judge must issue an arrest warrant to an officer authorized to
execute it. At the request of an attorney for the government, the judge must issue a summons,
instead of a warrant, to a person authorized to serve it. A judge may issue more than one
warrant or summons on the same complaint. If an individual defendant fails to appear in
response to a summons, a judge may, and upon request of an attorney for the government
must, issue a warrant.
3. Who cannot be arrested?
Answer: There are certain classes of persons that are exempted from arrest and detention
under the various provisions of CPC. Such persons include:
1. Women, as per Section 56,
2. Judicial officers, as per Section 135(1),

3. Where a matter is pending, their pleaders, mukhtars, revenue-agents, and witnesses
acting in obedience to a summons, under Section 135(2),
4. Members of legislatures, as per Section 135A,
5. Classes of persons, whose arrest according to the State Government, might be
attended with danger or inconvenience to the public, under Section 55(2), and
6. Where the decretal amount is less than two thousand rupees, under section 58(1A).
4. What has been said in section 58?
Answer: Section 58 of Code of Civil Procedure 1908 “Detention and Release”

 Every person detained in the civil prison in execution of a decree shall be so detained
(a) where the decree is for the payment of a sum of money exceeding one thousand rupees, for
a period not exceeding three months, and
(b)where the decree is for the payment of a sum of money exceeding five hundred rupees, but
not exceeding one thousand rupees, for a period not exceeding six weeks :
Provided that he shall be released from such detention before the expiration of the said period
of detention
(i) on the amount mentioned in the warrant for his detention being paid to the officer in
charge of the civil prison, or
(ii) on the decree against him being otherwise fully satisfied, or
(iii) on the request of the person on whose application he has been so detained, or
(iv) on the omission by the person, on whose application he has been so detained, to pay
subsistence allowance :
Provided, also, that he shall not be released from such detention under clause (ii) or clause (iii),
without the order of the Court.

 (1A) For the removal of doubts, it is hereby declared that no order for detention of the
judgment-debtor in civil prison in execution of a decree for the payment of money shall
be made, where the total amount of the decree does not exceed five hundred rupees.
 (2) A judgment-debtor released from detention under this section shall not merely by
reason of his release be discharged from his debt, but he shall not be liable to be re-
arrested under the decree in execution of which he was detained in the civil prison.
5. What are the release grounds of detention?
Answer: Under Section 51(c) of CPC, it is given that when a decree-holder moves to the court
for executing a decree, the court can execute such decree by the arrest and detention of the
judgment debtor.
A. The person in whose favour a decree is passed is called decree-holder.
B. And the person against whom decree is passed is called judgment debtor.
There are various ways under Civil Procedure Code for the execution of decree one of such a
way is the ‘Arrest and Detention’.
Section 55 to 59 of the Code and the Order 21 Rule 37 to 40 of the Code talks about the law
relating to ‘Arrest and Detention’.
6. When arrest and attachment can be made before judgment?
Answer: Code of Civil Procedure 1908, Order 38, described about arrest and attachment
before Judgment.
1. Where defendant may be called upon to furnish security for appearance
2. Security
3. Procedure on application by surety to be discharged
4. Procedure where defendant fails to furnish security or find fresh security
5. Where defendant may be called upon to furnish security for production of property
6. Attachment where cause not shown or security not furnished
7. Mode of making attachment
8. Adjudication of claim to property attached before judgment
9. Removal of attachment when security furnished or suit dismissed
10. Attachment before judgment not to affect rights of strangers, nor bar decree-holder from
applying for sale
11. Property attached before judgment not to be re-attached in execution of decree
11A. Provisions applicable to attachment
12. Agricultural produce not attachable before judgment
13. Small Cause Court not to attach immovable property
QUESTIONS
X instituted a suit of permanent injunction against Y. While the
hearing was going on Y threatened X to forcefully dispossessed from
the suit property.
1. At this situation what type of remedy is available for X and how can he
obtain that remedy?
Answer: At this situation X submitted an application for a temporary injunction before the
concerned court is an appropriate remedy. X submitted in the court the three principle for the
remedy of temporary injunction.
2. What principles need to be shown in these regard?
Answer: Three principles need to be shown to obtain temporary injunction:
 Prima facie case

 Irreparable loss
 Balance of convenience and inconvenience
3. What will be the consequences if anyone violates the order of temporary

injunction granted by court?
Answer: Three reliefs available:
 Attachment of property of the person who disobeyed the order

 Order compensation
 Civil jail not exceeding 6 months

Miscellaneous: NAME: Sohana Akter ROLL: LLB06509741

Uploaded by

Copyright:

Available Formats

Miscellaneous: NAME: Sohana Akter ROLL: LLB06509741

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Miscellaneous: NAME: Sohana Akter ROLL: LLB06509741

Uploaded by

Copyright:

Available Formats

NAME: Sohana Akter

COURSE TITLE: Code of Civil Procedure (II)

COURSE CODE: CPC 322

SUBMITTED TO: Nishat Afza (Senior Lecturer)

DATE: 24 August 2020

into custody, the person can be questioned further and/or charged. An arrest is a procedure in

a criminal justice system. Police and various other officers have powers of arrest.

2. Why court issues notice instead of warrant?

Answer: An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state,

warrant or summons on the same complaint. If an individual defendant fails to appear in

must, issue a warrant.

3. Who cannot be arrested?

1. Women, as per Section 56,

2. Judicial officers, as per Section 135(1),

acting in obedience to a summons, under Section 135(2),

4. Members of legislatures, as per Section 135A,

5. Classes of persons, whose arrest according to the State Government, might be

attended with danger or inconvenience to the public, under Section 55(2), and

4. What has been said in section 58?

Answer: Section 58 of Code of Civil Procedure 1908 “Detention and Release”

a period not exceeding three months, and

charge of the civil prison, or

(ii) on the decree against him being otherwise fully satisfied, or

without the order of the Court.

5. What are the release grounds of detention?

A. The person in whose favour a decree is passed is called decree-holder.

way is the ‘Arrest and Detention’.

relating to ‘Arrest and Detention’.

6. When arrest and attachment can be made before judgment?

1. Where defendant may be called upon to furnish security for appearance

4. Procedure where defendant fails to furnish security or find fresh security

6. Attachment where cause not shown or security not furnished

7. Mode of making attachment

8. Adjudication of claim to property attached before judgment

9. Removal of attachment when security furnished or suit dismissed

applying for sale

11. Property attached before judgment not to be re-attached in execution of decree

11A. Provisions applicable to attachment

12. Agricultural produce not attachable before judgment

13. Small Cause Court not to attach immovable property

2. What principles need to be shown in these regard?

Answer: Three principles need to be shown to obtain temporary injunction:

 Prima facie case

3. What will be the consequences if anyone violates the order of temporary

Answer: Three reliefs available:

 Attachment of property of the person who disobeyed the order

You might also like

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.