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SECTION 57, 58 OF CODE OF CIVIL PROCEDURE 1908

What is Subsistence allowance? What is Detention and release ? Section 57 and 58 of Code of Civil Procedure 1908

Subsistence allowance and Detention and release  are defined under Section 57 and 58 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 57 of Code of Civil Procedure 1908 "Subsistence allowance"

The State Government may fix scales, graduated according to rank, race and nationality, of monthly allowances payable for the subsistence of judgment-debtors

Section 58 of Code of Civil Procedure 1908 "Detention and release"

(1) Every person detained in the civil prison in execution of a decree shall be so detained,-

(a) where the decree is for the payment of a sum of money exceeding one thousand rupees, for a period not exceeding three months, and

(b) where the decree is for the payment of a sum of money exceeding five hundred rupees, but not exceeding one thousand rupees, for a period not exceeding six weeks :

Provided that he shall be released from such detention before the expiration of the said period of detention

(i) on the amount mentioned in the warrant for his detention being paid to the officer in charge of the civil prison, or

(ii) on the decree against him being otherwise fully satisfied, or

(iii) on the request of the person on whose application he has been so detained, or

(iv) on the omission by the person, on whose application he has been so detained, to pay subsistence allowance :

Provided, also, that he shall not be released from such detention under clause (ii) or clause (iii), without the order of the Court.

(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the decree does not exceed five hundred rupees.

(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was detained in the civil prison.

Code of Civil Procedure 1908

What is the meaning Result of execution proceedings to be certified? What is Powers of Court in executing transferred decree? Section 40 and 41 of Code of Civil Procedure 1908

What is the Power of Court in executing transferred decree? What is Execution of decrees passed by Civil Courts in places to which this Code does not extend? Section 42 and 43 of Code of Civil Procedure 1908

What is Execution of decrees passed by Revenue Court in places to which this Code does not extend? What is Execution of decrees passed by Courts in reciprocating territory? Section 44 and 44A of Code of Civil Procedure 1908

What is Execution of decrees outside India? What is Precepts? Section 45 and 46 of Code of Civil Procedure 1908

What are the Questions to be determined by the Court executing decree? Who is Transferee? Who is Legal representative? Section 47, 49 and 50 of Code of Civil Procedure 1908

What is the Powers of Court to enforce execution? What is Enforcement of decree against legal representative? Section 51 and 52 of Code of Civil Procedure 1908

What is Liability of ancestral property? What is Partition of estate or separation of share? Section 53 and 54 of Code of Civil Procedure 1908

What is Arrest and detention? What is Prohibition of arrest or detention of women in execution of decree for money? Section 55 and 56 of Code of Civil Procedure 1908

What is Subsistence allowance? What is Detention and release? Section 57 and 58 of Code of Civil Procedure 1908

What is Release on ground of illness? What is the meaning Property liable to attachment and sale in execution of decree? Section 59 and 60 of Code of Civil Procedure 1908


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