LawMirror.com

Results of attachment of property before judgment

Showing : 1-10 of 92 Results

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...........

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..........

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 satisfied about existence of a prima..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Criminal Law (Amendment) Ordinance, 1944, Section 12, 13 -- Attachment of property of accused - Appeal against order of conviction pending - In one criminal case trial is already pending - Plea that once a judgment is pronounced in a criminal case by Court and if no finding is recorded with regard to attached property, no order can be passed with regard to attached..........

KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 38, Rule 5, Transfer of Property Act, 1882, Section 52 -- Attachment before judgment - Transferee pendente lite - S.52 of T.P.Act would apply only in a suit wherein any right to immovable property is directly and specifically in question - If there is no application of S.52 of T.P. Act, in a suit, there cannot be any scope for impleadment..........

KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - There is no provision anywhere in CPC for impleading the owner of property under attachment before judgment as a party to suit - Making the strangers/owners of property under attachment before judgment as additional defendants on application of plaintiffs would really amount to denying them..........

KERALA HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 64 -- Private alienation of property - S.64 CPC has no application in the suit of recovery of money, where the transfer effected over immovable property is prior to attachment before judgment...........

Showing : 1-10 of 92 Results