Q: Elaborate Section 51 of civil procedure code ?

Ans: Section 51 says that an order for detaining a person shall not be passed unless, after the person has been provided with an opportunity of showing cause why he should not be arrested, the court for reasons recorded in writing must be satisfied:

  • That the judgement debtor with the object of delaying the execution of the decree is likely to abscond of the jurisdiction of the court or has dishonestly transferred, concealed or removed his property, or has done any other act done in bad faith, or
  • That the judgement debtor has the means to pay the amount or a substantial part of it and refuses to pay the same, or
  • That the decretal amount has to be paid on account of the fiduciary relationship.

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Q: What are the chartered High Courts in India ?

Ans: On the recommendation of the Law Commission of 1858, the British Parliament passed the Indian High Courts Act, 1861 providing for the establishment of High Courts in the three Presidencies (in place of Supreme Courts and the Sadar Adalats). The Act of 1861, titled as "an Act for establishing High Courts of judicature in India authorised Her Majesty the Queen of England to establish High Courts by issuing Letters Patent to Presidency towns wherever and whenever it deemed fit. Accordingly, Her Majesty the Queen issued the Charter of High Court of Calcutta on 14th May, 1862; and Charters for establishing High Courts in Madras and Bombay were issued on June 26, 1862. Thus these three High Courts are called Chartered High Court.
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