Showing : 11-20 of 63 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Order of detention - Though provision exists for detention of a person for violating decree of injunction but that power has to be exercised cautiously and in rarest of rare case only after recording a finding justifying such order of arrest - In the instant case as trial Court had not..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37-- Execution - Issuance of warrant of arrest - Executing Court is to record a positive finding as to fact that there is no possibility of satisfying the decree except by way of arrest - Merely because it appeared to Court that there is no possibility to satisfy the decree, is not equivalent to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 32(1)-- Execution - Decree of injunction - Order of arrest - Provision of O.21.R.32(1) CPC is penal in nature and decree holder has to prove the existence of ingredients of the provision with cogent and convincing evidence - Executing Court however erroneously thrown burden on Judgment debtor completely -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Temporary injunction - Police protection - Violation of order - An application for police protection is maintainable even when remedy is sought by filing an execution petition U.O.21.R.32 CPC and also an application U.O.39.R.2-A CPC seeking attachment and/or arrest of the violator for Contempt of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2-- Ad interim injunction - Implementation - Police protection - When there is threat of breach, disobedience or violation of order of injunction, Court can grant police protection - Party complaining violation of ad interim injunction may file not only an execution petition U.O.21.R.32 CPC or an..........
MADRAS HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution of decree - Suit for declaration and permanent injunction - Compromise decree - Execution petition filed by decree holder U.O.21.R.32 alleging that judgment debtor willfully disobeyed terms of compromise and Court orders - No specific averments made to show violation of compromise decree..........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32-- Execution - Decree for mandatory injunction - Arrest and detention - Plea that clause (e) of S.51 can be applied only when clauses `a' to `d' are not applicable - Held, Executing Court can execute the decree in such other manner as the nature of relief granted may require...........
KERALA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32-- Execution - Arrest and detention - None of the provisions of the Code empowers the executing court to direct the police to arrest and produce the respondent in execution of the decree - Warrant of arrest issued by executing court has to be enforced through its officer...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 21, Rule 37(2)-- Execution - Detention in prison - Arrest warrant can be issued when in spite of sending the notice J.D. fails to make his appearance or deliberately involves in avoiding to receive the notice and attending the Court for the purpose of protracting the matter or not deciding the question of means -..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 55(3), (4)-- Arrest of judgment-debtor - Execution of decree - Duty of Court - Held, when a judgment-debtor is arrested in execution of a decree for payment of money and brought before Court, he shall be informed that he may apply to be declared an insolvent, and that he may be discharged if he has not..........

Showing : 11-20 of 63 Results