Home  /  Registration Act  /  Section 37

Section 37: Officer or Court to issue and cause service of summons

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 36 All 93 Sections of Registration Act Section 38

Legal Commentary & Landmark Judgments: Section 37

Section 37 regulates the payment of conduct expenses, witness allowances, and travel costs for persons summoned under Section 36.

  • Tender of Conduct Money: The person desiring the attendance of any person under Section 36 shall deposit the necessary conduct money and travelling expenses.
  • Parity with Civil Court Scale: Expenses calculated according to the scale prescribed by the High Court for civil court witnesses under Order 16 CPC.
  • Condition for Process Issuance: Summons cannot be issued until the applicant deposits the required conduct money in the registration office.
Key Landmark Precedents:
  • State of U.P. v. Babu Ram Upadhya, AIR 1961 SC 751: Referenced procedural compliances regarding statutory witness allowances in quasi-judicial inquiries.
  • Kailash v. Nanhku, (2005) 4 SCC 480: Affirmed that deposit of witness expenses is an indispensable condition for enforcing witness process.
Courtroom Practice & Strategic Litigation Guidance:

Calculate and deposit witness diet and travel allowances in advance according to local High Court civil rules when petitioning for Section 36 summons.

Section 36 All 93 Sections of Registration Act Section 38