Showing : 1-10 of 123 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Two sets of restraint orders simultaneously i.e. attachment before judgment and temporary injunction - Erroneous and irregular - Order of attachment before judgment allowed and order passed U.O.39.Rr.1,2 set aside...........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - When incorporeal or intangible asset is sought to be attached then merely because property is incapable of division or appointment as in the case of movable or immovable property is not a valid ground for refusing order of attachment U.O.38.R.5 CPC...........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Incorporeal or intangible property like copyright in respect of a movie produced is not exempted from attachment under the scheme of CPC...........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Expression `dispose' - Includes not only transfer or assignment but also every intermeddling or change in property designed to take property out of the hands of person in whose disposing power, control and domain the property is vested...........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Person applying for order of attachment U.O.38.R.5 CPC should necessarily establish that there is reasonable chance of decree being passed against defendant in the suit...........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 38, Rule 8-- Attachment before judgment - Objection if any to attachment before judgment would be determined U.O.38.R.8 CPC itself and not by recourse to O.21.R.58 CPC...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 64, Order 38, Rule 11-- Attachment before judgment - Alienation of property by JD - Sale of property during subsistence of order of attachment before judgment - Attachment order prevails on such alienation of property...........
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...........
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..........

Showing : 1-10 of 123 Results