Section 79 of The Presidency Small Cause Courts Act, 1882 in hindi — Default of bailiff or other officer in execution of order or warrant

Bare section text

Official Legislative Text

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.

Educational Study Layer

Summary

If a court officer like a clerk or bailiff neglects their duty and misses a chance to execute an arrest or property seizure warrant, they can be held personally liable.
The injured person must apply to the Chief Judge to hold the officer responsible.
The Chief Judge can order the negligent officer to pay damages to the injured person up to the total value of the original warrant.

Practical examples

1A bailiff named Joseph is given a warrant to attach a debtor's shop worth five hundred rupees. Joseph lazily delays going to the shop for three days, during which the debtor packs up all the goods and runs away. The creditor applies to the Chief Judge, who orders Joseph to pay five hundred rupees out of his own pocket to cover the lost opportunity.

2Ramesh gets an arrest warrant against a debtor for a debt of eighty rupees. A court clerk intentionally fails to pass the warrant to the field staff, and the debtor boards a ship and leaves the country. Ramesh applies to the Chief Judge under Section 79, and the Chief Judge orders the clerk to pay Ramesh eighty rupees as damages.

FAQ

1. What happens if a bailiff neglects to execute a warrant under Section 79 of the Presidency Small Cause Courts Act, 1882?

Under Section 79 of the Presidency Small Cause Courts Act, 1882, if a bailiff misses the chance to execute a warrant due to neglect, connivance, or omission, the Chief Judge can order them to pay damages to the injured party.

2. Is there a limit on how much a court officer can be ordered to pay under Section 79 of the Presidency Small Cause Courts Act, 1882?

Yes, under Section 79 of the Presidency Small Cause Courts Act, 1882, the amount ordered cannot exceed the sum for which the original order or warrant was issued.

3. Who has the authority to punish a negligent officer under Section 79 of the Presidency Small Cause Courts Act, 1882?

Under Section 79 of the Presidency Small Cause Courts Act, 1882, the Chief Judge of the Small Cause Court has the sole authority to issue this order upon receiving an application from the injured person.

Practice Quiz

Q1.Under Section 79 of the Presidency Small Cause Courts Act, 1882, who must make the application to hold a court officer liable for neglect?

Q2.What is the maximum amount of damages that the Chief Judge can order a negligent officer to pay under Section 79 of the Presidency Small Cause Courts Act, 1882?

Q3.Under Section 79 of the Presidency Small Cause Courts Act, 1882, which officer of the court has the power to order the negligent officer to pay damages?

Q4.Under Section 79 of the Presidency Small Cause Courts Act, 1882, which of the following is NOT a ground for holding an officer liable?

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