Showing : 11-20 of 509 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 38, Rule 9-- Kerala Civil Rules of Practice, 1971, R.185 - Withdrawal of attachment - Conjoint reading of O.38.R.9 CPC and R.185 of Kerala Civil Rules Practice, 1971 makes it crystal clear that communication to registering authority shall be made with due application of mind, without delay, otherwise it would..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Attachment - Objections - When an application is filed under O.21.R.58 CPC claiming any right or arising any objection to attachment of property, Court shall have to proceed to adjudicate upon such claim...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Attachment - Objections - If claim petitioner is not a pendente lite purchaser, executing Court should give an opportunity to both parties to adduce oral and documentary evidence - However, parties cannot be allowed to go on a roving enquiry to establish their rights...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 54-- Execution - Attachment of property - Objection by JDs that execution petition is premature - Objection rejected, as no such objection was raised by JDs during execution proceedings and said objection cannot be permitted to be raised before High Court in proceedings u/art 227 of Constitution...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 54-- Execution - Attachment of property - Objection by JD as to attachment of property as it is mortgaged with bank - Objection not tenable as such objection can be raised by bank, the mortgagee of property, and secondly property cannot be refused to be attached on the mere ground that it is mortgaged...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Registered transfer deed-- Error/mistake in annexure - An inadvertent error or mistake in the annexure having no substantive effect on the main document cannot result in invalidating the registered document - An error/mistake in the annexure can result in invalidating a registered document when such annexure or attachment..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Section 47-- Attachment - Objections - Adjudication of claims to property are appealable - O.21.R.58(2) is akin to S.47 CPC and a separate suit is barred in both cases...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Section 47-- Attachment - Objections - Adjudication of claims to property - Adjudication continues till the appeal or second appeal is finally disposed of and is not confined to the first tier...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 38, Rule 11, 11A, Civil Procedure Code, 1908, Order 21, Rule 54-- Attachment before judgment - Property attached before judgment and a decree subsequently passed in favour of plaintiff - It shall not be necessary upon an applicant for execution of such decree to apply for re-attachment of property, as said order of attachment before judgment has to be considered..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 38, Rule 11, Civil Procedure Code, 1908, Order 21, Rule 57-- Attachment before judgment - Order of attachment passed before judgment ceased by closing of execution without any order regarding continuation of attachment order - Advantage of order of attachment before judgment passed in suit was thus, not available to DH in his subsequent execution petition...........

Showing : 11-20 of 509 Results