Showing : 31-40 of 64 Results

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..........
MADRAS HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 51-- Execution - Arrest - Means to pay - Subsistence allowance accepted by employee - Cannot be said that J.D. is man without means - having accepted to discharge liability has failed and neglected to do so knowingly and deliberately - Petition for arrest not liable to be dismissed...........
GAUHATI HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 21, Rule 97-- Execution - Decree for possession - Expression "Obstruct or resist" in R.97 - Activity of Police Officer is not rendering assistance though directed by Court executing decree - It is only an omission and does not amount to obstruction or resistance to execution of decree - Warrant of arrest of..........
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..........

Showing : 31-40 of 64 Results