Presidency Small Cause Courts Act, 1882
53. Application for distress-warrant.
- Any person claiming to be entitled to arrears of rent of any house
hearing suits, proceedings (including proceedings for execution of decrees and distress warrants, applications, appeals and execution of orders. The State Government has in prescribed Rules ... Ahmedabad, had no jurisdiction to pass an order directing to issue distress warrant while trying a suit or proceeding under the provisions of the Rent
prayed for a warrant against the opposite party. Thereupon on the 25th July, 1064 the learned Magistrate issued a distress warrant ... endorsement over the return of the distress warrant. That process, however, was no longer a distress warrant process.
5. Naturally the Magistrate thereupon issued warrant
Presidency Small Cause Courts Act, 1882
54. Issue of distress-warrant.
- The Judge or Registrar may thereupon issue a warrant under his hand and seal
provisions of Article 14 of the Constitution. It appears a distress warrant was issued against the petitioner purporting to be under Section ... very fact that a distrees warrant has issued and the bailiff has come to the house with a distress warrant is extremely harmful
suits and proceedings-Ahmedabad
Small Causes Court whether empowered to issue distress
warrant for recovery of municipal taxes by its power under ... hearing suits and
proceedings including proceedings for execution of decrees
and distress warrants. For these purposes the Government of
Bombay under r. 5 framed
recovery of taxes by distress warrant, are ultra vires.
D. That the provision for recovery by issue of distress warrant offends against Articles ... warrant has
actually been issued against the Petitioners so far and what has been issued is only a notice to show cause why distress warrant
regard to proceedings for distress warrants. The power to frame rules in respect of proceedings for distress warrants was included in Section 49 Sub-section ... said rules relating the distress warrants or the exercise of the Courts power to issue such distress warrant. Though the deposit
respondent then obtained an order for the issue of a distress warrant under Section 58 of the Presidency Small Cause Courts ... event no jurisdiction to pass an order issuing a distress warrant when trying a suit or proceeding under Bombay Act LVII of 1947 especially when
damages from the defendants for having executed certain distress warrants obtained from the Small Cause Court, Bombay, on an application made on behalf ... caused by the distress. The plaintiffs, however, cannot be heard to say that in respect of the execution of a distress warrant under an order