Showing : 1-10 of 59 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 66-- Execution - Issuance of warrants - Property in question already attached - There is no reason to issue warrants of arrest by taking recourse to O.21.R.37 CPC...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 66-- Execution - Money decree - Conditional warrant of arrest - Sum involved is Rs.8,37,915 - Once property of JD is attached and order passed for filing application U.O.21.R.66 CPC, said procedure is to be followed to sell property and recover amount - Remedy of arrest and detention of JD is extra..........
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 - Before ordering detention in civil prison, Executing Court is required to record satisfaction that JD possesses sufficient means and he has neglected or refused to satisfy decree...........
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..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 21, 30-- Execution - Money decree - Different execution petitions, seeking execution of decree by arrest and detention and by attachment and sale of immovable property are not maintainable at a time, as the execution Court is vested with discretion to execute the decree in single execution petition..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 51, 55, 58, 151, Order 21, Rule 30, 41(3)-- Execution - Arrest and detention of judgment debtor - Money decree - Deliberate concealment of professional and business income despite specific directions of Court - J.D. incorrigible - J.D. tried every trick in the trade to delay and defeat the execution proceedings and also acted with bad faith..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 40(2)-- Execution - Arrest and detention - Detention U.O.21.R.40(2) CPC, is not for no, payment of debt but only to ensure the presence of JD during enquiry...........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Prohibitory injunction - Executing Court may execute the decree for prohibitory injunction by delivery of any property specifically decreed or; by attachment and sale or sale without attachment of the property of the judgment-debtor or; by arrest and detention of judgment-debtor in..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 151, Constitution of India, 1950, Article 227-- Execution - Missing J.D. - Decree having national ramifications - Decree reduced into a mockery - Process of Court obstructed - Matter entrusted to CBI who shall endeavour to trace, arrest and produce the missing J.D...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Arrest & detention of J.D - Violation of decree of injunction - Civil prison is one of the modes of execution of decree for injunction as prescribed U.O.21.R.32 CPC - Execution petition, held, maintainable...........

Showing : 1-10 of 59 Results