Showing : 51-58 of 58 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 40-- Execution - Arrest warrant - A person cannot be arrested and sent to jail in execution of a money decree without giving him an opportunity and without conducting an enquiry as to his means - Mere inability to pay the decretal amount is not a ground to send a person to jail - Even if notice is..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 41-- Money decree - Execution - Arrest of J.D. - Burden lies on J.D. to satisfy the Court that he is a small farmer and has no means to pay the decretal amount - Finding of Executing Court that D.H. failed to establish the means of J.D. - Erroneous - In execution proceedings, Executing Court should..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 51-- Proviso (b), O.21.R.37 - Enquiry as to means of J.D. to pay decretal amount - Should take place after issue of arrest warrant and before passing order of detention in civil prison - Holding of enquiry by Executing Court before issuing arrest warrant uncalled for and vitiated by error of..........
KARNATAKA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 21, Rule 17-- Execution - Amendment - Change of mode of execution from attachment and sale of judgment - debtor's property to his arrest and detention in civil prison - Amendment sought after expiry of limitation period - Held, as amendment does not alter nature of relief, same is permissible and bar of..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Section 51(c)-- Money decree - Execution - No demand and no refusal of payment of decretal amount - Order of arrest set aside...........
ORISSA HIGH COURT
Year of decision: 1992
Details
Civil Procedure Code, 1908, Section 51-- Proviso - Execution - Arrest & detention - Money decree - Any of the three conditions in proviso to S.51 CPC is to be fulfilled - In a decree for maintenance presumption ought to be drawn that the husband had means to pay the amount decreed at the time of judgment and continues to have the same..........
KARNATAKA HIGH COURT
Year of decision: 1988
Details
Civil Procedure Code, 1908, Section 51, 58, Order 21, Rule 38-- Execution - Arrest & detention - It is for the D.H. to prove that J.D. has sufficient means and is wilfully with malafide intention refusing to pay decretal amount...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1988
Details
Civil Procedure Code, 1908, Order 21, Rule 50(1)(c), Civil Procedure Code, 1908, Order 30, Rule 6, 7, 8-- Scope-Decree against a firm and its Managing Director - decree holder applied for arrest of Managing Director - Managing Director objecting that he was neither a party nor summons were served on him individually-objection upheld by execution Court not sustainable...........

Showing : 51-58 of 58 Results