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Results of attachment before judgment

Showing : 21-30 of 158 Results

CALCUTTA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Bald and vague allegations against defendants that they are indulging in acts of insolvency - However, plaintiff can get order of attachment against defendant, if acts of insolvency of defendant is pleaded and proved in some detail - Order of attachment causing hardship to defendants because their..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Leave granted subject to condition of furnishing surety equivalent to cheques amount - Case based on cheques which were issued for consideration - Condition imposed while granting leave to defend, as the Court convinced on the point of filing an application by plaintiff U.O.38 R/W..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Apprehension that defendant will lease out the land - Held, mere leasing out does not amount to dispose of or removal of said property from the local jurisdiction of Court - No case made out for attachment of property - Petition dismissed...........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Loan amount - Plaintiff bank seeking recovery of huge amount exceeding Rs.4 crores - Conditional order of attachment of hypothecated stocks and mortgaged properties to take effect only if defendants failed to furnish security equal to value of suit of plaintiff - No prejudice..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Suit of plaintiff decreed and liability of defendant stands established - There is every likelihood that defendant may evade execution of decree passed by Court, as previous conduct of defendant shows that even earlier he issued post dated cheques which were dishonoured and he was..........

UTTARAKHAND HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Prohibitory injunction - Executing Court may execute the decree for prohibitory injunction by delivery of any property specifically decreed or; by attachment and sale or sale without attachment of the property of the judgment-debtor or; by arrest and detention of judgment-debtor in civil prison or; by appointing..........

KERALA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Dismissal of suit - Order of attachment before judgment comes to an end - Order of attachment before judgment will not automatically revive even if appellate Court allows an appeal and reverses the decree of dismissal of suit...........

KERALA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 34 -- Interest - Deposit of plaint claim in Court - Such a deposit can never be treated as deposit of money in terms of O.21.R.1 CPC - Such deposit is only in order to avoid an order of attachment before judgment - Plaintiff is entitled to interest from date of suit till realisation...........

KERALA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 43, Rule 1(q) -- Attachment before judgment - Dismissal of application - Appeal thereagainst is not maintainable...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Second application - Held, maintainable when first application was dismissed being vague as there were no allegations as to how the defendants are out to dispose of the property and in the second application numerous instances are mentioned alongwith prima facie proofs to show that defendants are..........

Showing : 21-30 of 158 Results