Showing : 31-40 of 59 Results

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..........
KERALA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 51, 60-- Execution - Money decree - Arrest and detention - Salary when shown as the means of J.D. then an inquiry is necessary as to what is the attachable portion of the salary in terms of S.60(i) of CPC - No such enquiry made - Trial Court directed to make an enquiry into means of petitioner and also..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37-- Execution - Arrest and detention of J.D. - Decree holder satisfied Court that J.D. has neglected to pay decretal amount having sufficient means - Arrest and detention of J.D. in civil prison cannot be refused on the ground that D.H. has alternative remedy of attachment of his properties - J.D. can..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 40-- Execution - Money decree - Arrest and detention of J.D. - Notice for appearance issued - J.D. appeared through Advocate - Order issuing warrant of arrest upheld, as appearance contemplated is appearance in person and not through recognized agent or pleader...........
MADRAS HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 51(c), Order 21, Rule 37, 39, 40-- Execution - Money decree - Arrest & detention - Executing Court shall hold an enquiry and give a finding to the correct means of J.D. to discharge the decree before ordering arrest - Order passed without conducting such enquiry and without following procedure bad in law and set aside...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 30-- Money decree - Execution - It does not lie in the mouth of J.D. to ask D.H. to first exhaust his remedies against his immovable property and only then to seek his arrest and detention in civil prison - Decree holder is at liberty to execute the decree either by seeking detention of J.D. in civil..........
KERALA HIGH COURT
Year of decision: 2005
Details
Consumer Protection Act, 1986, Section 25, 27, Civil Procedure Code, 1908, Section 56-- Woman - Arrest in execution of money decree passed under Consumer Protection Act - A woman cannot be arrested in execution of a money decree passed under Consumer Protection Act, when decree is executed either by Civil Court or Forum itself - Analogy that a woman can be arrested when amount is..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 21-- Execution - Money decree - Simultaneous execution for arrest of J.D. and also to proceed against his property - It is almost a rarity - Even in the limited situations, which permit such a course, discretion is to be used, more to refuse it, than to accord permission...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37, 40-- Execution - Detention - Procedure prescribed in Rules 37 & 40 of O.21 CPC is to be followed before arrest of J.D. is ordered...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 55(3)-- Execution - Arrest of J.D. - Proceedings under Insolvency Act initiated by J.D. - Arrest of J.D. cannot be ordered during the pendency of proceedings under Insolvency Act irrespective of the fact whether any stay has been granted or not...........

Showing : 31-40 of 59 Results