Section 75 of The Code of Civil Procedure, 1908
Power of Court to issue commissions.
Subject to such conditions and limitations as may be prescribed, the Court may issue a commission
- (a)to examine any person;
- (b)to make a local investigation;
- (c)to examine or adjust accounts; or
- (d)to make a partition; 1[(e) to hold a scientific, technical, or expert investigation;
- (f)to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit;
- (g)to perform any ministerial act.]
Summary
- This section lists the seven specific purposes for which a court can appoint a "commission," which is an outside expert or official.
- A commission can be issued to interview or examine any person.
- It can be used to carry out local investigations, like visiting a site to check facts.
- The court can appoint a commission to check or settle complex business accounts.
- It allows a commission to handle the physical division of property, known as a partition.
- It also covers expert tasks like scientific or technical investigations and performing official paperwork, called ministerial acts.
Practical examples
FAQ
1. Can a court order the sale of property through a commission under Section 75 of the Code of Civil Procedure?
Yes, Section 75 of the Code of Civil Procedure, 1908, allows a commission to conduct the sale of property that is in the court's custody and is subject to speedy or natural decay.
2. What are ministerial acts under Section 75 of the Code of Civil Procedure, 1908?
Under Section 75 of the Code of Civil Procedure, 1908, ministerial acts refer to routine administrative or clerical tasks that the court delegates to a commission to help move a case along.
3. Does a court have the power to appoint a commission for scientific research under Section 75 of the Code of Civil Procedure?
Yes, Section 75 of the Code of Civil Procedure, 1908, specifically includes the power to issue a commission to hold a scientific, technical, or expert investigation.
Test yourself
1.Under Section 75 of the Code of Civil Procedure, 1908, for which of the following tasks can a court NOT issue a commission?
2.Which type of property sale can a commission conduct under Section 75 of the Code of Civil Procedure, 1908?
3.Under Section 75 of the Code of Civil Procedure, 1908, what is required before a court can issue a commission?
4.According to Section 75 of the Code of Civil Procedure, 1908, what type of investigation can a commission be issued for?