Showing : 31-40 of 60 Results

MADRAS HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Before passing order of attachment before judgment Court must be satisfied that the defendant with intent to obstruct or delay the execution of any decree that may be passed is about to dispose of the whole or any part of his property or is about to remove the whole or..........
BOMBAY HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 116(4), Constitution of India, 1950, Article Art.21-- Interim bonds - Cannot be demanded or asked to be furnished by a person unless and until he is a habitual offender or is so desperate and dangerous that if he is at large without security it will be hazardous to the community - Petitioner a Science Graduate holding diploma in Civil Engineering was..........
KARNATAKA HIGH COURT
Year of decision: 2002
Details
Criminal trial-- Case property - Recovery of stolen car - Car financed and owner intended to sell it to discharge its debt - Car has no evidentiary value as it is only required for the purpose of passing final orders - To ensure the recovery of its value, it is suffice only to furnish security to recover the value..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 37, Rule 3-- Leave to defend - Pronote - Thumb impression alleged to be obtained on blank pronote - As there is admission of thumb marking the pronote and receipt so there is presumption that it was executed for consideration - Held, order of grant of leave to defend suit subject to deposit of 50% of the suit..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Provincial Small Causes Courts Act, 1887, Section 17-- Proviso - Exparte decree - Setting aside - Application neither accompanied by deposit in Court of the amount due and payable nor application filed for exemption and to furnish security - Trial Court rejected application - Delay condoned by Revisional Court - Upheld by High Court - Held,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Transfer of Property Act, 1882, Section 41-- Vehicle - Loan - No entry of finance made in the Registration Certificate - Financier taking forcible possession of vehicle and further re-sold - In the absence of an entry to show incumbrances on the vehicle in the registration certificate, further purchaser would be bona fide purchaser if no..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 115, Order 38, Rule 5-- Order directing defendant to furnish security while dismissing application under Order 38 Rule 5 - Not justified - Set aside...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 41, Rule 6(2), 5-- Stay of sale of property attached in execution proceedings - No concept of automatic stay of sale of property in execution - Provisions of Rule 6(1) and 6(2) proceed on the premise that sufficient cause should be shown to Court and then alone Court would exercise discretion - Mere fact that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 38, Rule 5, 6-- Stringent provisions exercised by Court when applicant able to make out a prima facie case on the one hand and on the other hand able to satisfy the ingredients under these provisions - Order 38 Rule 5 postulates different orders - Not necessary that Court must straight away pass order of..........
KARNATAKA HIGH COURT
Year of decision: 1997
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 88-- Accused appeared in pursuance to the summons - There is no need to call upon the accused to furnish security for his enlargement...........

Showing : 31-40 of 60 Results