Person to whom order is addressed to obey or show cause

Person to whom order is addressed to obey or show cause :

Section – 135. The person against whom such order is made shall—

COMMENTS

LAW COMMISSION REPORTS

Abolition of jury – This section corresponds to section 135 of the old Code minus the provision relating to appointment of jury. In recommending the deletion of provision for jury, the Law Commission observed:

“Sections 135 to 139 (old Code) contemplate the appointment of jury consisting of not less than five members who will practically decide whether the conditional order made by the Magistrate under section 133 is reasonable and proper or whether it should be modified in any way or whether it should be made absolute…….We notice……….that, ‘experience over the years had shown that very rarely did a party ask for the appointment of a jury; further whenever a party did ask for the appointment of a jury, the request was not made in order to have a proper decision of the case but was made mainly for the purpose of delaying the proceedings’……….A jury of the type provided for………is, in our opinion, most unlikely to be helpful in reaching a proper decision. It will be difficult to find a person in the locality imbued with a strong civic sense, and capable of resisting extraneous pressure, to serve as jurors in such proceedings.”