Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Section 58] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 58(1) in The Code of Civil Procedure, Svt. 1977 (1920 A.D.)

(1)Every person detained in execution of a decree shall be so detained,-
(a)where the decree is for the payment of a sum of money exceeding [five thousand rupees] [Substituted for "one thousand rupees" by Act VI of 2009, dated 20.3.2009.], for a period of not exceeding three months, and;
(b)[ where the decree is for the payment of a sum of money exceeding two thousand rupees, but not exceeding five thousand rupees, for a period not exceeding six weeks] [Substituted by Act VI of 2009, dated 20.3.2009.]:
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.[(1-A) 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] [Sub-section (1-A) inserted by Act No. XI of 1983.] [two thousand rupees] [Substituted for "five hundred rupees" by Act VI of 2009, dated 20.3.2009.].