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Procedure of Court in certain cases of contempt.

CHAPTER XII.

CONTEMPT OF COURT.

83. When any such offence as is described in section 175, 178, 179, 180 or 228 of the Indian Penal Code is committed in the view or presence of the Small Cause Court, the Court may cause the offender to be detained in custody; and, at any time before the rising of the Court on the same day, may, if it thinks fit, take cognizance of the offence, and punish the offender with fine which may extend to two hundred rupees, and in default of payment of such fine with imprisonment in the civil jail for a term which may extend to one month unless such fine is sooner paid. 84. In every such case the Court shall record the facts constituting the offence, the statement (if any) made by Record in such cases. the offender, and the finding and sentence.

If the offence is under section 228 of the Indian Penal Code, the record must show the nature and stage of the judicial proceeding in which the Court when interrupted or insulted was sitting, and the nature of the interruption or insult offered.

Procedure where Court considers that case should not be dealt with under section 83.

85. If the Court considers that a person accused of any offence referred to in section eighty-three and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or if the Court is for any other reason of opinion that the case should not be disposed of under section eighty-three, the Court, after recording the facts constituting the offence and the statement of the accused as herein before provided, may forward the case to a Presidency Magistrate, and may require security to be given for the appearance of such accused person before such Magistrate, or, if sufficient security is not given, may forward him under custody to such Magistrate.

Such Magistrate shall deal with the accused person in the manner provided by the Presidency Magistrates' Act, 1877(a); and may sentence the offender to punishment as provided in the section of the Indian Penal Code under which he is charged.

86. When the Court has, under section eighty-three or section eightyfive, punished an offender, or forwarded him to a Presidency Magistrate for trial, for refusing or omitting to do anything which he was

Discharge of offender on submission or apology.

S. 85(a).-The reference must now be taken to be made to the Code of Criminal Procedure. See S. 3 and Chapter XXXV. of Act X. of 1882.

lawfully required to do, or for any intentional insult or interruption, the Court may in its discretion discharge the offender or remit the punishment on his submission to the order or requisition of the Court, or on apology being made to its satisfaction.

Imprisonment or committal of person refusing to answer or produce document.

87. If any witness before the Small Cause Court refuses to answer such questions as are put to him, or to produce any document in his possession or power which the Court requires him to produce, and does not offer any reasonable excuse for such refusal, the Court may sentence him to simple imprisonment, or commit him to the custody of an officer of the Court, for any term not exceeding seven days, unless in the meantime such person consents to answer such questions or to produce such document, as the case may be, after which, in the event of his persisting in his refusal, he may be dealt with according to the provisions of section eighty-three or section eighty-five.

88. Any person deeming himself aggrieved by an order under section

Appeal from orders under

sections 83 and 87.

eighty-three or section eighty-seven may appeal to the High Court, and the provisions of the Presidency Magistrates' Act 1877(a), relating

to appeals, shall, so far as may be, apply to appeals under this section.

be served.

CHAPTER XIII.
MISCELLANEOUS.

89. Notices to produce documents, summonses to witnesses, and all other processes issued in the exercise of any Persons by whom process may jurisdiction conferred on the Small Cause Court by this Act, except summonses to defendants and writs of execution, may, if the Court by general or special order so directs, be served by such persons as the Court, from time to time, appoints in this behalf.

90. The Small Cause Court shall keep such registers, books and Registers and returns. accounts, and submit to the High Court such statements and returns, as may, subject to the approval of the Local Government, be prescribed by the High Court.

91. The Small Cause

Court to furnish records, &c., called for by Local Government or High Court.

thinks fit.

Court shall comply with such requisitions as may, from time to time, be made by the Local Government or High Court for records, returns and statements in such form and manner as such Government or Court, as the case may be,

S. 88(a). The reference must now be taken to be made to the Code of Criminal Procedure. See S. 3 and Chapter XXXI. of Act X. of 1882.

92. The Small Cause Court shall, at the commencement of each year, draw up a list of holidays and vacations to be observed in the Court, and shall submit the

Holidays and vacations.

same for the approval of the Local Government.

Such list, when it has received such approval, shall be published in the local official Gazette, and the said holidays and vacations shall be observed accordingly.

93. The Governor General and Members of his Council, the Governors of Fort St. George and Bombay, and the Members of their respective Councils, the Lieutenant-Governor of Bengal, and the Chief

Certain persons exempt from arrest by Court.

Justices and Judges of the High Courts established under the twenty-fourth and twenty-fifth of Victoria, chapter 104, shall not be liable to arrest by order of the Small Cause Court.

No suit to lie upon decree of Court.

94. No suit shall lie on any decree of the Small Cause Court.

95. Any person ordered by the Small Cause Court to be imprisoned. may be imprisoned in such place (a) as the Local Government, from time to time, appoints in this behalf.

Place of imprisonment.

96. If any person against whom any suit is brought for anything purporting to be done by him under this Act Tender in suit for anything has, before the institution of the suit, tendered sufficient amends to the plaintiff, the plaintiff shall not recover.

done under Act.

97. All prosecutions for anything purporting to be done under this Act must be commenced within three months

Limitation of prosecutions.

after the offence was committed.

THE FIRST SCHEDULE.

(See section 2.)

ENACTMENTS REPEALED.

A.-Charters of the Supreme Courts.

Date.

Extent of repeal,

26th March, 1774...... Charter of the Supreme Court at Fort

Clause 21.

William.

26th December, 1800.. Charter of the Supreme Court at Madras.

Clause 47.

Clause 59.

8th December, 1823.. Charter of the Supreme Court at Bom

bay.

S. 95 (a).—The place appointed is Her Majesty's Common Jail, Civil Side, Bombay. G. G. 1882, p. 489.

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THE SECOND SCHEDULE.

(See section 23.)

PORTIONS OF CIVIL PROCEDURE CODE EXTENDING TO COURT.

PRELIMINARY: Section 2, Interpretation-clause.

CHAPTER I.-Of the Jurisdiction of the Courts and Res Judicata, except section 11. CHAPTER II. Of the Place of suing, except sections 15 to 19 (both inclusive), section 20, paragraph 4, sections 22, 23 and 24 and section 25, paragraphs 2 and 3.

CHAPTER III.-Of Parties and their Appearances, Applications and Acts, except
section 37, clause (b), and the last paragraph.

CHAPTER IV.-Of the Frame of the Suit, except section 42 and Section 44, rule a.
CHAPTER V.- Of the Institution of Suits, except section 53, clause (e), section 55,

section 57, clause (b), and sections 58 and 62.

CHAPTER VI. Of the Issue and Service of Summons, except, in section 64, the words "and the copies or concise statements required by section 58 have been filed," and sections 65, 66 and 86.

CHAPTER VII. Of the Appearance of the Parties and Consequence of Non-appear

ance.

CHAPTER VIII.-Of Written Statements and Set-off, except sections 110, 112 and

113.

Sch. II.-See Ss. 8 and 538 of Act XIV. of 1882.

CHAPTER IX. Of the Examination of the Parties by the Court, except section 119. CHAPTER X.--Sending for Records and Production, &c., of Documents, sections 137 (except paragraph 2), 138, 140 (except the proviso and the last

six words), 141 (except the third sentence), 142, 143 and 145.

CHAPTER XI.-Settlement of issues, sections 150 and 151.

CHAPTER XII.-Disposal of the Suit at the first hearing, except sections 154 and

155.

CHAPTER XIII.-Of Adjournments.

CHAPTER XIV. Of the Summoning and Attendance of Witnesses, except sections 168, 169, 170 and 175.

CHAPTER XV. Of the Hearing of the Suit and Examination of Witnesses, except sections 182 to 191 (both inclusive).

CHAPTER XVI.-Of Affidavits.

CHAPTER XVII-Of Judgment and Decree, except sections 200, 201, 202, 204, 207 and 211 to 215 (both inclusive).

CHAPTER XVIII.-Of Costs.

CHAPTER XIX.-Of the Execution of Decrees, section 230, first two clauses, sections 231 to 236 (both inclusive), 243 to 259 (both inclusive), 266 (so far as relates to the attachment of moveable property or decrees therefor), 267 to 272 (both inclusive), 273 (so far as relates to decrees for moveable property), 275 to 303 (both inclusive), 328 to 333 (both inclusive), 336 (except the last three clauses), and 337 to 343 (both inclusive).

CHAPTER XXI.-Of the Death, Marriage and Insolvency of Parties.

CHAPTER XXII.-Of the Withdrawal and Adjustment of Suits.

CHAPTER XXIII.-Of Payment into Court.

CHAPTER XXIV.-Of Requiring Security for Costs.

CHAPTER XXV.-Of Commissions, except section 396.

CHAPTER XXVII.-Suits by or against Government, or public officers.

CHAPTER XXVIII.-Suits by Aliens and by and against Foreign and Nativ Rulers, except section 433.

CHAPTER XXIX.-Suits by and against Corporations and Companies.

CHAPTER XXX.-Suits by and against Trustees, Executors and Administrators. CHAPTER XXXI.-Suits by and against Minors and Persons of Unsound Mind. CHAPTER XXXII.-Suits by and against Military Men.

CHAPTER XXXIII.-Interpleader.

CHAPTER XXXIV.-Of Arrest and Attachment before Judgment, except as regards the attachment of immoveable property.

CHAPTER XXXV.-Interlocutory orders, sections 498, 499, 500 and 502.

CHAPTER XXXVI.-Appointment of Receivers, section 503.

CHAPTER XXXVII.-Reference to Arbitration, except the provisions of section

522 as to appeals.

CHAPTER XXXVIII.--Of Proceedings on Agreement of Parties, except so much of section 527, clause (b), as relates to immoveable property.

CHAPTER XLVI.—Of Reference to and Revision by High Court.
CHAPTER XLIX.-Miscellaneous, sections 640 to 651 (both inclusive).

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