Showing : 11-20 of 37 Results

KARNATAKA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 21, Rule 58(1)-- Proviso (a) - Sale of attached property - Objection as to - When Court sale was to be conducted on 08.12.1995 KSFC had filed objections inter alia contending that it had charge over property attached - Sale was not held on said date and sale came to be postponed - In other words, sale was not..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 96, Order 21, Rule 58(4)-- Sale of attached property - Objection as to - Held, Court dealing an objection or claim over property under attachment has two options left to it - Either it can reject such claim or objection at threshold as provided u/proviso to sub-r.(1) or determine such questions u/sub-r.(2) of R.58 - If..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58, 97-- Execution proceedings - Remedies available u/rr 58 and 97 of O.21 CPC - Scope of - Held, remedies are of limited scope - It is only when a person has no grievance about a decree to which he is a party, but only about execution thereof, that he can take recourse to such remedies...........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 34, Rule 4, 6-- Money suit decreed - Attachment of mortgaged property - Application U.O.21.R.58 for lifting attachment - Decree for recovery of money passed as against the person and properties with a charge on attached property of judgment debtor - It is not a decree for sale of mortgaged property - Held, claim..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Attachment of property - Objection - Sale deed of plot in question was executed in favour of petitioner - Before execution of sale deed, mother of plot owner filed suit for maintenance against her sons and sought charge upon agricultural land of sons which consisted of several plots - Ex parte..........
KERALA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Attachment of immovable property - Claim or objection - Can be filed only as provided in O.21.R.58 CPC and cannot be circumvented by labelling application as one u/s 151 CPC...........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 38, Rule 5, 8, 10, Civil Procedure Code, 1908, Order 21, Rule 58-- Attachment before judgment - Objections to attachment before judgment have to be determined U.O.38 itself and not by recourse to O.21.R.58 CPC - Requirements and limitations of O.38.Rr.5 & 10 are relevant for such consideration...........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58, Transfer of Property Act, 1882, Section 53-- Attachment before judgment - Property already sold before attachment which was further sold to claimant - On objection by claimant U.O.21.R.58 CPC attachment lifted - Plaintiff alleged sale deed to be result of collusion and that it does not bind him, a creditor of the defendant - Held, whether..........
ALLAHABAD HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Section 47, Order 21, Rule 58-- Attachment - Objections - Not raised either under S.47 or O.21.R.58 CPC - Objections raised for the first time in revision - Not permissible...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 58-- Execution - Attachment - Validity of order of attachment - Court considering objections as to the validity of an order of attachment exercises jurisdiction U.O.21.R.58 CPC and is therefore, required to decide all questions, including questions relating to any right, title or interest in the..........

Showing : 11-20 of 37 Results