Showing : 21-30 of 71 Results

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..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 55-- Execution - Arrest of J.D. - Decree Holder disclosed assets of J.D. - J.D. failed to rebut - Held, J.D. had means to discharge decretal amount - Issuance of arrest warrant proper...........
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...........

Showing : 21-30 of 71 Results