Section 96 of The Presidency Small Cause Courts Act, 1882
If any person against whom any suit is brought for anything purporting to be done by him under this Act, has before the institution of the suit, tendered sufficient amends to the plaintiff, the plaintiff shall not recover.
Summary
- If a person is sued for something they did while acting under this law, they can offer compensation to the injured party before the lawsuit starts.
- Tendering amends, which means offering a fair amount of compensation or a proper repair for any mistake done, will protect the defendant.
- If the offered compensation is deemed sufficient, the court will prevent the plaintiff from winning any recovery, meaning they cannot win any damages or money in the lawsuit.
- This rule protects officers and individuals who make honest mistakes while performing their duties under the law.
Practical examples
FAQ
1. What happens if an officer offers fair compensation before being sued under Section 96 of the Presidency Small Cause Courts Act, 1882?
Under Section 96 of the Presidency Small Cause Courts Act, 1882, if the person offers sufficient compensation to the plaintiff before the lawsuit is filed, the plaintiff will not be allowed to recover any money in that lawsuit.
2. What does the term tender of amends mean in Section 96 of the Presidency Small Cause Courts Act, 1882?
In Section 96 of the Presidency Small Cause Courts Act, 1882, tendering amends means offering money or compensation to make up for some harm or mistake before a lawsuit is officially filed.
3. Can a plaintiff still win a lawsuit if they were offered fair compensation beforehand under Section 96 of the Presidency Small Cause Courts Act, 1882?
No, under Section 96 of the Presidency Small Cause Courts Act, 1882, if a sufficient offer of compensation was made before the suit was brought, the plaintiff cannot recover anything in the lawsuit.
Test yourself
Q1.Under Section 96 of the Presidency Small Cause Courts Act, 1882, what is the consequence if a defendant offered sufficient compensation to the plaintiff before a lawsuit was filed for actions done under the law?
Q2.To get protection under Section 96 of the Presidency Small Cause Courts Act, 1882, when must the defendant offer the compensation or amends to the injured party?
Q3.Under Section 96 of the Presidency Small Cause Courts Act, 1882, for what kind of actions can a person claim protection by offering compensation beforehand?
Q4.Under Section 96 of the Presidency Small Cause Courts Act, 1882, if a plaintiff rejects a fair and sufficient offer of compensation made before filing a suit, what will the court do?