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Results of attachment of property before judgment

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Showing : 41-50 of 110 Results

ORISSA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 21, Rule 32, Limitation Act, 1963, Article 136 -- Execution - Decree of injunction - A decree of injunction, be it a mandatory injunction or a prohibitory injunction, can be enforced by detention of judgment debtor in civil prison or by attachment..........

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..........

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 - Defendants selling the property in order to evade payment of decree amount likely to be passed - Properties belonging to defendants sold even after filing of suit through Power Agents on whom defendants have no control as Power Agents themselves..........

KERALA HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 34, Rule 4, 6 -- Money suit decreed - Attachment of mortgaged property - Application U.O.21.R.58 for lifting attachment - Decree for recovery of money passed as against the person and properties with a charge on attached property of judgment debtor - It is not a decree for sale of mortgaged..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 60(1)(c) -- Execution proceedings - Attachment of property - Exemption to agricultural labourers - Held, executing court held that judgment-debtor admitted that he is a tailor and that he is not entitled to benefits of S.60(1)(c) CPC - This is neither patently nor evident on record - Held, patently, the judgment-debtor is an agricultural..........

KERALA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 38, Rule 11, Limitation Act, 1963, Article 136 -- Attachment before judgment - Further attachment in execution petition not required - However, there can be no order for execution without an application in that behalf - Property attached, if not proceeded against within the period prescribed under article 136 of Limitation Act, attachment..........

KERALA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Attachment of property in execution of decree - Pre-sale illegality and post sale illegality - Held, pre-sale illegality in execution is amenable to the remedy under section 47 - Post sale illegality or irregularity causing substantial injury to judgment debtor is covered by Order 21 Rule 90 of the Code...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 10 -- Execution of decree - Arrest and attachment before judgment - Agreement of sale executed prior to order of attachment before judgment - Decree for specific performance in favour of appellant passed in year 2006 - This Court cannot go into validity of proceedings of decree of..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plaintiff has to satisfy Court that defendant is about to dispose of whole or part of his property or that he is about to remove the property from the jurisdiction of the Court - On being satisfied Court has to give time to defendant to explain as to why defendant be not required to furnish..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Civil Procedure Code, 1908, Order 37, Rule 3, Civil Procedure Code, 1908, Order 38, Rule 5 -- Summary suit - Leave to defend - Granted subject to furnishing security - Contention that when a case for leave to defend is made out, the defendant cannot be burdened with condition of furnishing of security - However, conditions for attachment before judgment are made out as..........

Showing : 41-50 of 110 Results