Showing : 1-10 of 247 Results

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...........
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...........
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, 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..........
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..........
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 247 Results