Showing : 41-50 of 63 Results

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...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 40-- Execution - Arrest and detention - Rule 40 is not only procedural but also mandatory in nature and confers certain powers upon the executing Court during the pendency of an enquiry to be conducted - `Enquiry' contemplated under rule 40 means an enquiry with regard to defence, if any, taken by J.D...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Arrest and detention - Application for arrest and detention of J.Drs. for recovery of decretal amount - Order of attachment of salary of one of the J.Drs. when application is made under rule 37 is unwarranted and uncalled for...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37-- Proviso - Money decree - Execution - Arrest and detention - Notice to J.D. to show cause instead of warrant of arrest - Notice to be issued to J.D. to appear before the Court - However, such notice is not necessary when Court is satisfied by affidavit or otherwise, that with the object or effect..........
KERALA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 38, Rule 1-- Order of arrest before judgment - Order to be passed only where the plaintiff is able to make out a prima facie case and on being satisfied of the ingredients with regard to possible ascendance or disposal of the properties with intention to delay or obstruct the execution of the prospective..........
KARNATAKA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 30-- Money decree against all the defendants including the guarantor and mortgage decree against principal debtor who had mortgaged his shop with the bank - Decree did not put any fetter on the right of the D.H. to execute it against any party whether as a money decree or as a mortgage decree - Held,..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Money decree - Execution - Arrest and detention of J.D. - Means of J.D. - Property which is exempt from attachment is to be left out - Burden lies on D.H. to show that the property which is said to constitute means alleged to be possessed by J.D. is not of the kind which is not liable for..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Money decree - Execution - Arrest and detention of J.D. - Means of J.D. - In calculation of means of J.D. property which is exempt from attachment shall be left out...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 38-- Arrest warrant - Cannot be issued without holding enquiry as to whether J.D. has sufficient means, is willfully avoiding to pay decretal amount - Ex parte order of arrest passed without holding such enquiry - Exparte order set aside but directing to deposit 1/4th of the execution amount - Not..........

Showing : 41-50 of 63 Results