Law of torts
yogita
(Querist) 02 December 2011
This query is : Resolved
we know that the remedy for a civil wrong is damages but if a person is bankrupt, he can not pay the damages then what is the remedy for him? He can not be spared if he commits a civil wrong and there is no remedy other than damages and injunction in a civil wrong! How can we recover our loss?
prabhakar singh
(Expert) 02 December 2011
Then like any venture of loss, it should also accordingly be debited as loss in our live's books,else after obtaining decree we can put him in civil jail by coughing out few more sums on him.
Devajyoti Barman
(Expert) 03 December 2011
The he may be sent to civil prison for not complying with the decree of damages. Bur damages is nevertheless a actions in civil wrong.
Dr V. Nageswara Rao
(Expert) 03 December 2011
Order XXI of CPC provides for even the arrest of the judgment-debtor for the execution of a decree for payment of money.
Shonee Kapoor
(Expert) 03 December 2011
No reason to differ from the experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Arif Iqbal
(Expert) 03 December 2011
Where there is a right, there is a remedy.
The bankrupt can be sent to civil prison.
R.Ramachandran
(Expert) 03 December 2011
In Jolly George Varghese and Anr. vs. The Bank of Cochin [AIR (1980) SC 470] it was held by Justice Krishna Iyer that simple default to discharge is not enough, but an element of bad faith beyond mere indifference to pay in form of some deliberate disposition must be established, before enforcing civil imprisonment, under Section 51 of the CPC read with Order XXI Rule 37.
