Showing : 1-10 of 60 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 37, Rule 5-- Recovery suit - Commercial transaction between parties - Suit is pending and defendants have not yet filed their written statements disclosing their defence - Trial in the suit on merits is yet to commence - Any observations made by Supreme Court on facts would cause prejudice to rights of parties..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(3A)-- Secured loan - Default in payment - Provision of S.13(3-A) of the Act providing communication of reasons by creditor for not accepting representation/objection of debtor and requirement to furnish reasons for the same is mandatory...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Recovery suit - Loan amount - Plaintiff bank seeking recovery of huge amount exceeding Rs.4 crores - Conditional order of attachment of hypothecated stocks and mortgaged properties to take effect only if defendants failed to furnish security equal to value of suit of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Parole-- Not to be denied on mere generalization by recording that generally it has been seen that prisoners on release engage themselves in smuggling activities causing danger to security of country and that there is chance of recovery of contraband from them - Moreover, this can be ensured by asking..........
KERALA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(A), Criminal Procedure Code, 1973, Section 436(i)-- Bail - Indigent person - Recovery of small quantity of ganja - If person, who is detained, is indigent person, and is unable to furnish security, instead of taking bail from such person, Court shall discharge him on his executing bond without sureties for his appearance and if person is unable to..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 5(3)(5)-- Appeal - Stay application - Rejection of - Validity - Application for interim protection rejected in limine without granting any time to applicant either to deposit decretal amount or to furnish security - Held, had appellate Court fixed sometime limit, either to deposit decretal amount or to..........
CHHATTISGARH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 34, Rule 1-- Suit for enforcement of mortgage - Preliminary decree passed in favour of bank - Non compliance of decree and decretal amount not deposited - To contest final decree proceedings Court directed defendant to furnish solvent security towards due satisfaction of claim of bank...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Essential Commodities Act, 1955, Section 6E, Criminal Procedure Code, 1973, Section 451, 457-- Seizure of huge quantity of wheat - Wheat cannot be released merely on the ground that applicant is ready to furnish security in absence of proof of ownership - Such a course is not permissible even while deciding application u/s 451/457 Cr.P.C...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment - Furnishing of security - Held, perusal of O.38.R.5 of the Code shows that an order for directing defendant to furnish security can be made if court is satisfied that defendant is about to dispose of whole or any part of his property with intent to obstruct or delay execution of any..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Defendants selling the property in order to evade payment of decree amount likely to be passed - Properties belonging to defendants sold even after filing of suit through Power Agents on whom defendants have no control as Power Agents themselves selling property -..........

Showing : 1-10 of 60 Results