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Results of judgment debtor

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Showing : 21-30 of 282 Results

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 21, Rule 41 -- Execution of decree for recovery of money - Power of executing Court - Executing Court can direct the judgment debtor, at initial stage itself, to file the affidavit of assets as on the date of institution of suit as well as of the current date i.e. date of swearing the affidavit in Form 16A...........

KERALA HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 225B -- Escape from custody - Judgment debtor - Process server informed judgment debtor about the warrant and demanded to pay the decree debt mentioned in the warrant but he did not pay the amount - Process server arrested him - Thereafter judgment debtor/accused informed that he was not ready to accompany process server to the Court and..........

UTTARAKHAND HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Prohibitory injunction - Executing Court may execute the decree for prohibitory injunction by delivery of any property specifically decreed or; by attachment and sale or sale without attachment of the property of the judgment-debtor or; by arrest and detention of judgment-debtor in civil prison or; by appointing..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 21, Rule 37, 66 -- Warrant of arrest - Show cause notice ought to be issued against judgment debtor with regard to payment of decretal amount failing which judgment debtor is liable to be arrested...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2015
Details

Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(i), Civil Procedure Code, 1908, Order 21 -- Rent and eviction - Arrears of rent - Non-payment within statutory period - Execution - In appeal, tenant contended that there is typing error in order of Rent Controller with regard to commencement of period for payment of arrears - However, proper course is to first..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Specific Relief Act, 1963, Section 28 -- Rescission of contract - Extension of time to deposit balance sale amount - S.28 of Act specifically provides that even if there is some time granted by Court for payment of balance sale consideration in a decree for specific performance, time can be extended - Only on failure to comply with the same an application u/s 28 of Act is..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 22, Rule 12, 3, 4, 8 -- L.R's - Execution - O.22.Rr.3, 4 & 8 CPC would not apply to proceedings in execution of a decree or order - Meaning thereby that if death occurs either of plaintiff/decree holder or defendant/judgment debtor during pendency of execution, it would not abate and execution can proceed after the death of decree holder..........

KERALA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 21, Rule 37 -- Arrest and detention in civil prison - No notice to show cause against arrest and detention in civil prison can be issued to judgment debtor if no warrant of arrest at all could be issued even at a later point of time...........

KERALA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 56, Order 21, Rule 37 -- Arrest and detention in civil prison - Notice to show cause U.O.21.R.37 CPC cannot be issued in terrorem in order to frighten the judgment debtor who is a woman to squeeze out money from her when she enjoys protection against her arrest and detention - It is immaterial as to whether judgment debtor being a woman..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution - Decree of injunction - Order of arrest - Provision of O.21.R.32(1) CPC is penal in nature and decree holder has to prove the existence of ingredients of the provision with cogent and convincing evidence - Executing Court however erroneously thrown burden on Judgment debtor completely - Order of arrest cannot..........

Showing : 21-30 of 282 Results