Showing : 1-10 of 23 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 21, Rule 37, 66-- Execution - Money decree - Conditional warrant of arrest - Sum involved is Rs.8,37,915 - Once property of JD is attached and order passed for filing application U.O.21.R.66 CPC, said procedure is to be followed to sell property and recover amount - Remedy of arrest and detention of JD is extra..........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37-- Execution - Money decree - Arrest and detention of JD - Before ordering detention in civil prison, Executing Court is required to record satisfaction that JD possesses sufficient means and he has neglected or refused to satisfy decree...........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37-- Execution - Money decree - Arrest and detention of JD - Property was under dispute with JD`s own son, who challenged order of attachment and Court stayed execution proceedings - No material on record to show JD fetched any income from that property - Therefore, Court cannot arrive at satisfaction..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 21, 30-- Execution - Money decree - Different execution petitions, seeking execution of decree by arrest and detention and by attachment and sale of immovable property are not maintainable at a time, as the execution Court is vested with discretion to execute the decree in single execution petition..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 51, 55, 58, 151, Order 21, Rule 30, 41(3)-- Execution - Arrest and detention of judgment debtor - Money decree - Deliberate concealment of professional and business income despite specific directions of Court - J.D. incorrigible - J.D. tried every trick in the trade to delay and defeat the execution proceedings and also acted with bad faith..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 55(3), (4)-- Arrest of judgment-debtor - Execution of decree - Duty of Court - Held, when a judgment-debtor is arrested in execution of a decree for payment of money and brought before Court, he shall be informed that he may apply to be declared an insolvent, and that he may be discharged if he has not..........
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..........
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 : 1-10 of 23 Results