Showing : 41-50 of 60 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Conditional order passed for furnishing security and on failure to effect attachment - Time not fixed for furnishing security - Absence of party when bailiff went to spot - Conclusion as to failure to furnish security - Not justified as no opportunity given for the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Court must apply its mind whether it would require the defendant to furnish security within the directed period or whether the Court would like to issue notice to show cause why the defendant should not furnish such security...........
ORISSA HIGH COURT
Year of decision: 1995
Details
Civil Procedure Code, 1908, Order 41, Rule 1(3), 5(5)-- Failure to make deposit or to furnish security - Court not to grant stay of execution of money decree...........
DELHI HIGH COURT
Year of decision: 1994
Details
Electricity-- Arbitration - Putting petitioner to terms regarding payment of impugned bill till adjudication by the Arbitrator - Prima facie, the petitioner appears to have been tampering with the meter resulting in recording lesser units of electricity which amounts to theft of electricity - Revised bill of..........
MADRAS HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 38, Rule 5, 6-- Attachment before judgment - Security - Defendant can furnish third party security...........
KERALA HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Order not complying with the provisions is void - An attachment order unaccompanied by an order directing the defendant to furnish security within a specified period or to appear and show cause why he should not furnish security - Order is a nullity - It is not a..........
KERALA HIGH COURT
Year of decision: 1993
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Order as to furnish security not served upon the defendant - Failure of defendant to enquire about it does not debar him from challenging it - Validity could be raised in execution - Plea of waiver of such right should be alleged and proved...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1991
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Pending trial of an application under order 9 Rule 13 Court has no power to order to deposit the costs of the suit or furnish security for the decretal amount or to impose conditions...........
ANDHRA PRADESH HIGH COURT
Year of decision: 1991
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Interim conditional attachment of property without directing defendant to furnish security and without giving any reasons - Order not sustainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1987
Details
Civil Procedure Code, 1908, Order 20, Rule 12A, Specific Relief Act, 1963, Section 28-- Decree-holder if fails to deposit amount within time allowed - Section 28 provides for such a situation - Effect not provided for in Rule 12-A of Order 20 Civil Procedure Code - Section 28 itself inter alia provides for extension of time - Decree for specific performance directed deposit of the..........

Showing : 41-50 of 60 Results