Requirements of arrest and detention

Guest (Querist) 18 September 2012 This query is : Resolved
Learned experts before framing the question i would like to bring forth the provisions u/s 51 & 58 of CPC:-
the proviso to sec.51 clearly says that where the decree is for the "payment of money", execution of detention shall not be ordered - "however such order may be passed" if certain requirements are satisfied(requirements are given in the section).

Now "section 58" provides us with provisions of "arrest and detention" in case the decree is payment of money. The section is, however, silent about any requirements which should be fulfilled in order to pass such arrest.

Now the question is:-

"Shall we presume that the orders of arrest and detention passed u/s 58 of CPC are subject to the fulfillment of requirements contained u/s 51?
And that, if any orders are to be passed u/s 58 they have to first fulfill the requirements of section 51 first only then order u/s 58 could be made".

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Jeevesh (Expert) 18 September 2012
Mr.Vedi,

For passing any order of detention u/s 58 CPC the conditions laid down in proviso to S.51 CPC are to fulfilled. Only after a satisfaction has been recorded u/s 51 proviso than only any detention order can be passed under section 58.

Nadeem Qureshi (Expert) 18 September 2012
Dear Querist
Before ordering arrest against the judgement debtor, the court should apply the provisions of section 51 of CPC(Renukaiah vs Nagendrappa 1999 (1) ccc 385 kar)AND has to follow two conditions, namely
i) issue show cause notice as to why the jd should not be committed to civil prison
ii) record its satisfaction as to applicability of any of clauses (a) b) or c) of section 51 CPC.
Anama Goundes vs A.C.Ponnusami 1980 2 Mad LJ 472 the court held that if no show cause notice is issued under the proviso to sec 51, the otder of the detention and arrest of JD is illegal and irregular.
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Guest (Querist) 18 September 2012
thank you Mr. nadeem

Guest (Querist) 18 September 2012
thank you Mr.jeevesh

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