Showing : 31-40 of 123 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Suit for recovery of Rs.3.25 lacs as arrears of lease money - It shall be expedient and in the interest of justice so as to obviate the possibility of the petitioner disposing its assets with a view to defeat the decree that may ultimately be passed, that attachment..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 60, Order 38, Rule 5-- Attachment before judgment - Retiral benefits such as pension and gratuity - Exempt u/s 60(1) CPC - Cannot be attached...........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 5, 11, 11A-- Attachment before judgment - Does not cease with passing of the decree - There is no need to seek a fresh attachment of land at the stage of execution of the decree...........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - In the affidavit filed in support of application, plaintiff has stated that defendant is attempting to dispose of the property in question - He has not stated in the affidavit the source of information or apprehension - Held, plaintiff has not established that..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 10-- Stay of subsequent suit - Not a bar for passing interlocutory orders such as an order for consolidation of the later suit with the earlier suit or appointment of a Receiver or an injunction or attachment before judgment - The course of action which the Court has to follow is not to proceed with..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment - Furnishing of security - Held, perusal of O.38.R.5 of the Code shows that an order for directing defendant to furnish security can be made if court is satisfied that defendant is about to dispose of whole or any part of his property with intent to obstruct or delay execution of any..........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - It is incumbent upon plaintiff to state grounds on which he entertains the belief or apprehension or furnish the source of information and belief that defendant would dispose of or remove property...........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Application for - Defendants/respondents are in established possession - Suit is also not for possession - Held, applicants are not entitled to free access to suit property - Order of attachment cannot also be passed as no ground is made out for exercise of..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Held, communication of order of attachment to the registering office is mandatory - If mandatory provision has not been followed, then order of attachment cannot be sustained...........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - If the defendants are with an intention to obstruct or delay the execution of any decree that may be passed against them or about to dispose the whole or any part of his property or is about to remove the whole or any part of his property from the local limits of the..........

Showing : 31-40 of 123 Results