Reviewed case brief

Jolly George Verghese v. Bank of Cochin

AIR 1980 SC 470

## Summary

CPCexecutioncivil-imprisonmentarrestarticle-21ICCPRsection-51order-XXI
Court
Supreme Court of India
Year
1980
Subjects
Civil Procedure Code and Law of Limitation, Constitutional Law I, Public International Law
Reviewed
2026-06-29

Rule established

Civil imprisonment for non-payment of a decree debt must be reconciled with Article 21 and Article 11 of the ICCPR. Mere inability to pay is not dishonest avoidance; arrest is permissible only where the judgment-debtor has the means to pay but wilfully refuses or has acted in bad faith.

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        AIR 1980 SC 470; verified via dullbonline.wordpress.com, lexology.com, studocu.com

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.