Showing : 11-20 of 465 Results

CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37-- Execution - Money decree - Arrest and detention of JD - Property was under dispute with JD`s own son, who challenged order of attachment and Court stayed execution proceedings - No material on record to show JD fetched any income from that property - Therefore, Court cannot arrive at satisfaction..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Prevention of Money Laundering Act, 2002, Section 3, 4, 45-- Money laundering - Attachment of property - Territorial jurisdiction - In the instant case, FIR registered in Bombay and petitioner reside in jurisdiction of Punjab and Haryana High Court - Residence of petitioner cannot give rise to cause of action at said place - Attachment of properties located..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Family Courts Act, 1984, Section 7-- Jurisdiction of family Court - Counseling of child aged 17 years - Family Court directed father to take appointment of child psychologist and mother has to physically produce the child before counselor - Non-compliance of order purports to serious consequences not only arrest but also striking out..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 60(1)(g)-- Execution - Attachment - Earned leave encashment amount - Not stipend or gratuity - Earned Leave Encashment can be attached...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - An order of attachment before judgment is a harsh step and same cannot be resorted to in a routine manner - Power U.O.38.R.5 CPC is a drastic and extra ordinary power and such power should not be exercise mechanically or merely for the asking - Court should be..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 54-- Execution - Attachment of property - Decree passed creating charge over property - Attachment of property in execution is not necessary - Decree holder is entitled to straight away proceed in execution for realization of the amount due by sale of the property...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 90-- Execution - Auction sale - Setting aside - Mere fact that earlier JD or somebody to the attachment of property raised objection and petition was dismissed for default, is not a bar to impugn the sale...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Hypothecated vehicles - Vehicles sought for attachment were purchased and registered outside local jurisdiction of Court - Defendant is only custodian of vehicles and yet to become owner of same, as vehicles hypothecated with financial institution being first charge to..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151-- Attachment before judgment - Furnishing of security - Recovery suit - Defendant sold suit properties just after service of summons of suit - No prejudice would be caused to defendant in case, he submits appropriate security of Rs.5,50,000 as directed by trial Court - Prima facie case in favour of..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Law (Amendment) Ordinance, 1944, Section 12, 13-- Attachment of property of accused - Appeal against order of conviction pending - In one criminal case trial is already pending - Plea that once a judgment is pronounced in a criminal case by Court and if no finding is recorded with regard to attached property, no order can be passed with regard to..........

Showing : 11-20 of 465 Results