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Results of attachment of property before judgment

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Showing : 81-90 of 110 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Vague allegations - It is alleged that defendants No.1 & 2 with intent to obstruct/delay the execution is about to remove the whole or part of its property from the local limits of the jurisdiction of the Court - No details given to show as to in what manner and which property the defendants were..........

MADRAS HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Applicant should clearly establish two essential requisites - (i) that the defendant is about to dispose of the whole or any part of his property; (ii) that the said disposal is being done with an intention to obstruct or delay the execution of the decree that may be passed against him...........

MADRAS HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Mere bald statement that defendant is contemplating to alienate the property - Is not sufficient - An order for attachment before judgment can only be issued if there is mala fide intention and the conduct of the defendant in disposing of or about to dispose of his property with the dishonest..........

KARNATAKA HIGH COURT

Year of decision: 2000
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Offer of alternate property - Different property cannot be substituted for original one specified and attached, if objected to by the other party either on ground that alternate property offered as security is much less in value than plaint claim or on ground that party offering it has no title..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 21, Rule 54, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - In execution no separate attachment is necessary when property was attached before judgment...........

ALLAHABAD HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Property remains to be attached till final decision of execution proceedings - Even if the execution application is dismissed in default, the order of attachment before judgment does not cease...........

ANDHRA PRADESH HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 21, Rule 58(2) -- Execution - Sale of property attachment before judgment for realisation of amount due under money decree - Appellants filed claim petition to release the property from attachment based on an agreement of sale executed by J.D. and possession delivered thereunder - Holding of an enquiry by Court for disposal of claim..........

KARNATAKA HIGH COURT

Year of decision: 1999
Details

Civil Procedure Code, 1908, Order 21, Rule 57, 58, Civil Procedure Code, 1908, Order 38, Rule 5 -- Execution - Dismissal for default - Effect on attachment made by Execution Court and Attachment before judgment - Dismissal of execution for default will remove only attachment made by Execution Court - However, attachment before judgment would continue without being affected..........

KARNATAKA HIGH COURT

Year of decision: 1999
Details

Transfer of Property Act, 1882, Section 52, 53 -- Lis pendens - Applicability - Lis pendens starts from presentation of suit and continues till decree is executed - Private sale made by J.D. who is aware of decree and of attachment made before judgment and who has no evidence to prove that transfer is for consideration, has to be held fraudulent and voidable at instance of..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1998
Details

Civil Procedure Code, 1908, Order 38, Rule 4, 5 -- Attachment before judgment - Coercive directions - Cannot be taken recourse to in a casual manner - Can be invoked on very strong facts - Applicant must have not only a prima facie case but should be able to satisfy Court that grounds pleaded satisfy ingredients of Order 38 Rule 5 - There should be some positive averments..........

Showing : 81-90 of 110 Results