Showing : 21-30 of 59 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 55-- Execution - Arrest of J.D. - Decree Holder disclosed assets of J.D. - J.D. failed to rebut - Held, J.D. had means to discharge decretal amount - Issuance of arrest warrant proper...........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 51(b)-- Execution - Arrest and detention of J.D. - Can be only when J.D. has the means to pay but refuses or neglects or has refused or neglected to pay the same - Mere inability to pay the money does not render the J.D. liable to arrest and detention...........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 38-- Execution - Issuance of warrant of arrest - Validity - Judgment and decree has been passed in the year 1995 - Execution of same is still pending - Judgment debtor did not appear in person in complete disregard of Court's order - Held, order of issuance of warrant for arrest of judgment debtor..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 37-- Execution - Money decree - Arrest and detention - It is one of the options available to D.H. - He cannot be forced to take recourse to this provision only as a last resort after exhausting all other modes of execution...........
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...........

Showing : 21-30 of 59 Results