MISCONDUCT OF INFERIOR MINISTERIAL OFFICERSCentral

Section 82 of The Presidency Small Cause Courts Act, 1882

Any order under this Chapter for the payment or repayment of money may, in default of payment of the amount payable thereunder, be enforced by the person to whom such amount is payable as if the same were a decree of the Small Cause Court in his favour.

Summary

Allows the enforcement of any order for the payment or repayment of money made under Chapter Eleven of the Act.
Applies when there is a default of payment of the amount payable under such an order.
Enables the person who is owed the money to enforce the order as if it were a decree of the Small Cause Court in their favor.
A decree is a formal court order, meaning the person can use regular court execution methods to recover the money.

Practical examples

1Ramesh files a complaint under Chapter Eleven of the Act against a court bailiff, Ashok, for misconduct. The Chief Judge orders Ashok to pay Ramesh 300 rupees as compensation for the damage caused. If Ashok fails to pay, Ramesh can enforce this order exactly like a regular court decree, such as by asking the court to attach Ashok's movable property to recover the money.

2A clerk named Vinod is found to have extorted 150 rupees from a litigant named Priya under colour of court process. The court conducts an inquiry and orders Vinod to repay the 150 rupees to Priya. If Vinod defaults on this payment, Priya can treat the court's order as a decree in her favour and initiate court proceedings to execute it.

FAQ

1. How can an order to pay money under Chapter Eleven of the Presidency Small Cause Courts Act, 1882 be enforced?

Under Section 82 of the Presidency Small Cause Courts Act, 1882, any order for the payment or repayment of money can be enforced by the person to whom the money is owed as if it were a decree of the Small Cause Court in their favour.

2. What happens if an officer defaults on a repayment order under the Presidency Small Cause Courts Act, 1882?

According to Section 82 of the Presidency Small Cause Courts Act, 1882, if there is a default in paying the money ordered, the beneficiary of the order can enforce it in the same manner as a formal court decree.

3. Who has the right to enforce a payment order under Section 82 of the Presidency Small Cause Courts Act, 1882?

Under Section 82 of the Presidency Small Cause Courts Act, 1882, the specific person to whom the payment or repayment of money is payable has the right to enforce the order.

4. Does Section 82 of the Presidency Small Cause Courts Act, 1882 apply to all court orders?

No, Section 82 of the Presidency Small Cause Courts Act, 1882 specifically applies to orders for the payment or repayment of money made under Chapter Eleven, which deals with the misconduct of inferior ministerial officers.

Test yourself

Q1.Under Section 82 of the Presidency Small Cause Courts Act, 1882, how is an order for the payment of money under Chapter Eleven enforced if the person ordered to pay defaults?

Q2.Who is authorized to initiate enforcement proceedings under Section 82 of the Presidency Small Cause Courts Act, 1882?

Q3.Under Section 82 of the Presidency Small Cause Courts Act, 1882, what trigger is required before a payment order under Chapter Eleven can be legally enforced as a decree?

Q4.What types of orders are covered by the enforcement provisions of Section 82 of the Presidency Small Cause Courts Act, 1882?

81PreviousSection 81 Court empowered to summon witnesses, etc.83NextSection 83 [Repealed.].

←Section 81 Section 83→