Showing : 21-30 of 58 Results

KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 51(b)-- Execution - Arrest and detention of J.D. - Can be only when J.D. has the means to pay but refuses or neglects or has refused or neglected to pay the same - Mere inability to pay the money does not render the J.D. liable to arrest and detention...........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 38-- Execution - Issuance of warrant of arrest - Validity - Judgment and decree has been passed in the year 1995 - Execution of same is still pending - Judgment debtor did not appear in person in complete disregard of Court's order - Held, order of issuance of warrant for arrest of judgment debtor..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Money decree - Arrest and detention - It is one of the options available to D.H. - He cannot be forced to take recourse to this provision only as a last resort after exhausting all other modes of execution...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Money decree - Arrest and detention - Mere fact that J.D. owns property - No ground to refuse his detention in civil prison - Finding of trial Court that J.D. owns landed property and hence D.H. should proceed against said property instead of seeking arrest and detention - Not proper...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution of money decree by way of arrest and detention of J.D. in Civil prison - JD, son of ex-chief Minister - Executing Court convinced that there was deliberate attempt on part of J.D. to browbeat and get away from reach of court - Executing court issued arrest warrant of J.D. - Held, if..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Decree of mandatory injunction - In execution property of J.D. attached and put to sale - As no bidder gave bid for the property of J.D. as such Court ordered execution of decree by arrest of J.D. - Executing Court at the first instance opted for attachment of property of J.D. and when..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 21, Rule 37, Motor Vehicles Act, 1988, Section 168-- Motor Accident - Award of compensation by Tribunal - In execution of award, Court ordered arrest of the petitioner - Order challenged on the ground that no show cause notice was given before passing order of arrest - Plea of petitioner disallowed - Held, show cause notice not required to be issued..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 21, Rule 37-- Maintenance pendente lite - Execution petition - Arrest and detention - Procedure prescribed is to be followed - Scope of enquiry is as to the means, possessed by J.D. and his disinclination to pay the decretal amount - Order of detention set aside as prescribed procedure not followed...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Arrest and detention of J.D. - D.H. is required to place some material before the Executing Court which indicates that J.D. is possessed of property and means - D.H. is not required to conclusively prove as regards the means of J.D...........
KARNATAKA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 38, 39, 40-- Execution - Arrest warrant - For issuance of arrest warrant Court has to adopt the procedure prescribed U.O.21.Rr.37 to 40 CPC - There must be material to prove that J.D. is avoiding the payment despite the fact that he has sufficient means to pay and then Court has to pass appropriate order..........

Showing : 21-30 of 58 Results