Showing : 1-10 of 94 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..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 58(4)-- Execution - Money recovery based on pronote - Fraudulent transfer - If decree-holder is able to show that transfer by execution of settlement by judgment-debtor before even filing of suit and subsequent to contacting of money decree amount under pronote a fraudulent transfer to adjudicate, there..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 41(2)-- Execution - Money decree - Court has jurisdiction to ascertain properties of J.D. if money decree remains unsatisfied for a period of 30 days - A direction can be issued on the application of decree holder...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47, 34-- Execution - Objection - Claim of interest pendente lite - Decree for payment of money - Suit of plaintiff decreed with simple interest of 10% p.a till decretal amount is paid - Decree is silent so far as award of pendente lite interest - If Court intended that plaintiff is also entitled to..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Proof of agreement to sell - Decree for refund of earnest money passed - Appellate Court reversed the decree and granted decree of specific performance - Since defendant did not challenge decree of trial Court for refund of earnest money as such execution of agreement to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 30-- Execution - Money decree - Order directing sale of property - Plea of JD that auction of part of land can satisfy decree is without any substance, as it is impossible for executing Court to segregate particular portion thereof - Only clearly demarcated piece of land is likely to fetch bidders -..........
KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 60(1)-- Execution - Attachment of salary - Exemption - Salary attached in execution of decree for money during period exceeding 24 months does not lose its nature or character and enjoys statutory exemption - Decree holder has no right over that part of amount exempted from attachment of salary and it..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 20, Rule 11(2)-- Execution - Money decree - Executing Court has no jurisdiction to grant payment of decretal amount by installment without consent of decree holder...........

Showing : 1-10 of 94 Results