Showing : 61-66 of 66 Results

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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1986
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37, 40-- Court can secure presence of judgment-debtor, if necessary by issuance of warrant of arrest - Order 21 Rule 40 and Section 51 come into operation after Court wants to send judgment-debtor to civil prison for the reason that decree had remained unexecuted - Contention that warrant of arrest of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1986
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37-- Arrest and detention of judgment debtor in prison in execution or enforcement of decree - Made subject to certain conditions and limitations prescribed in Proviso to Section 51 and Order 2L Rule 37 - Execution of decree for payment of money by detention of judgment-debtor in prison - Not to be..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 1974
Details
Civil Procedure Code, 1908, Section 51-- Execution of money decree by arrest and detention - Either of the conditions in the proviso of S.51 CPC is to be fulfilled...........
MADRAS HIGH COURT
Year of decision: 1973
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37(2)-- The order of arrest passed by the executing Court without giving a finding regarding the means of the J.D. to pay the decree amount is not one without jurisdiction as the order of arrest is only under O.21.R.37(2) CPC. Needless to say that the executing Court should necessarily go into the..........

Showing : 61-66 of 66 Results