Showing : 31-40 of 71 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Money decree - Arrest and detention - Mere fact that J.D. owns property - No ground to refuse his detention in civil prison - Finding of trial Court that J.D. owns landed property and hence D.H. should proceed against said property instead of seeking arrest and detention - Not proper...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution of money decree by way of arrest and detention of J.D. in Civil prison - JD, son of ex-chief Minister - Executing Court convinced that there was deliberate attempt on part of J.D. to browbeat and get away from reach of court - Executing court issued arrest warrant of J.D. - Held, if..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 32-- Execution - Decree of mandatory injunction - In execution property of J.D. attached and put to sale - As no bidder gave bid for the property of J.D. as such Court ordered execution of decree by arrest of J.D. - Executing Court at the first instance opted for attachment of property of J.D. and when..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 21, Rule 37, Motor Vehicles Act, 1988, Section 168-- Motor Accident - Award of compensation by Tribunal - In execution of award, Court ordered arrest of the petitioner - Order challenged on the ground that no show cause notice was given before passing order of arrest - Plea of petitioner disallowed - Held, show cause notice not required to be issued..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 21, Rule 37-- Maintenance pendente lite - Execution petition - Arrest and detention - Procedure prescribed is to be followed - Scope of enquiry is as to the means, possessed by J.D. and his disinclination to pay the decretal amount - Order of detention set aside as prescribed procedure not followed...........
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..........

Showing : 31-40 of 71 Results