Section 17
of Subordinate Courts Act 1948
Section 17
(Deleted by Act 7 of 1964).
Execution
*18. (1) For the purpose of executing any judgment or order or of attaching property before judgment the court by its appropriate officer may break into any house or other enclosed premises, using such force as may be necessary, and may similarly break into any part thereof or any safe, cupboard, or other container therein.
(2)
Power to examine any person as to his or any other person’s property or as to any disposal thereof.
(3)
Power to act in aid of another court by executing or carrying out any judgment or order thereof in like manner as it could itself have done to the extent and in manner prescribed by rules of court.
(4)
Power, in the course of, or in connection with, the execution of a judgment or order or the attachment of property before judgment, to make all proper orders, deal with property and award damages or compensation, arising out of the execution or
*NOTEFor application in Federal Territory, the States of Sabah and Sarawaksee P.U. (A) 43/1974
Subordinate Courts 39
attachment, notwithstanding that the value of the property or amount of the damages or compensation exceed the pecuniary limit of the jurisdiction of the court as set out in sections 65, 90 and 92.
(5)
In this subparagraph “Islamic Religious Court” shall include Syariah
Courts, Courts of Muftis, Courts of Chief Kadi, Courts of Kadi, Councils and similar bodies authorized by any written law to exercise judicial functions in relation to
Islamic law or Malay customary law, and the Yang di-Pertuan Agong or a Ruler, when exercising judicial functions in relation to Islamic law or Malay customary law.
(b)
A Sessions Court in the State of Johore, Kedah, Kelantan, Negeri Sembilan,
Pahang, Perak, Perlis, Selangor or Terengganu may execute any judgment or order of an Islamic Religious Court having jurisdiction in the State in which the Sessions
Court is situate, where the amount or value of the subject matter exceeds five thousand ringgit and notwithstanding that it may exceed the pecuniary limit of the jurisdiction of that Court.
(c)
A Magistrates’ Court presided over by a First Class Magistrate in the Federal
Territory or the State of Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak,
Perlis, Selangor or Terengganu may in the like manner execute any such judgment or order, where the amount or value of the subject matter does not exceed five thousand ringgit.
Discharge of orders