Section 54 of The Presidency Small Cause Courts Act, 1882
The Judge or Registrar may thereupon issue a warrant under his hand and seal and returnable within six days, to the effect of the form (marked B) contained in the same Schedule, addressed to any one of such bailiffs. The Judge or Registrar may at his discretion, upon personal examination of the person applying for such warrant, decline to issue the same.
Summary
- The Judge or Registrar can issue a distress warrant, which must be signed by them and carry the official court seal.
- This warrant must be made returnable within six days, which means it must be returned to the court with a report within that timeframe.
- The warrant must follow Form B in the Third Schedule and must be addressed to one of the court bailiffs, who are officers appointed to execute court orders.
- The Judge or Registrar has the absolute power to refuse to issue the warrant at their own discretion.
- To help make this decision, the Judge or Registrar may conduct a personal examination of the landlord who applied for the warrant.
Practical examples
FAQ
1. Who has the authority to issue a distress warrant under Section 54 of The Presidency Small Cause Courts Act, 1882?
Under Section 54 of The Presidency Small Cause Courts Act, 1882, a Judge of the Small Cause Court or the Registrar of the Court has the authority to issue a distress warrant.
2. Within how many days must a distress warrant be made returnable under Section 54 of the Presidency Small Cause Courts Act?
Under Section 54 of the Presidency Small Cause Courts Act, the distress warrant must be made returnable within six days from its issue.
3. Can a court official refuse to issue a distress warrant under Section 54 of the Small Cause Courts Act of 1882?
Yes, under Section 54 of the Small Cause Courts Act of 1882, the Judge or Registrar can decline to issue a warrant at their discretion after conducting a personal examination of the applicant.
4. To whom must a distress warrant be addressed under Section 54 of the Presidency Small Cause Courts Act, 1882?
Under Section 54 of the Presidency Small Cause Courts Act, 1882, the distress warrant must be addressed to any one of the appointed court bailiffs.
Test yourself
Q1.Under Section 54 of the Presidency Small Cause Courts Act, 1882, how many days does the law allow for a distress warrant to be returnable?
Q2.Under Section 54 of the Presidency Small Cause Courts Act, 1882, what action can a Judge or Registrar take before deciding whether to decline issuing a warrant?
Q3.When a landlord makes an application under Section 53 of The Presidency Small Cause Courts Act, 1882, what must the Judge or Registrar do to issue a valid warrant under Section 54 of the Act?
Q4.Under Section 54 of the Presidency Small Cause Courts Act, 1882, to whom is the issued distress warrant addressed?