Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment of property which belongs to educational society - Property of society cannot be attached for recovery of amounts due from the members of the society...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Defendant directed to furnish bank guarantee by way of security till disposal of case - However, defendant wants to furnish collateral security of equivalent value in lieu of bank guarantee - Since defendant is willing to deposit title of property owned by him worth of which is..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Requirements of the provision are specific and Court cannot act on mere unfounded apprehensions - Applicant had to establish by means of an affidavit or otherwise that defendant was seeking to obstruct or delay execution of any decree that may be passed against him in pending suit by disposing of..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Vague and general allegations made in the application that defendant was seeking to dispose of property - No specification made either by date when such transaction had been contemplated nor other details of parties with whom such transaction may have been attempted, disclosed - Prima facie burden..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plea that O.38.R.5 CPC does not empower Court to pass any order affecting rights of the parties - Plea held, not tenable - If purely on legal grounds, an application for attachment before judgment is dismissed at the inception, without issuing a notice to defendant, certainly it will be an order..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Petition falls completely short of standard set in O.38.R.5 CPC - Court not obliged to direct defendant either to furnish security or to show cause why he should not furnish security...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Validity of order of attachment is directly dependent on compliance of procedure envisaged U.O.38.R.5(1) CPC - Thus, meticulous compliance of essential conditions and observance of procedure are mandatory...........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Forms in appendices have flexibility and cannot have any overriding effect on Sections and Rules in various Orders of CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Court has power to pass order of conditional attachment U.O.38.R.5(3) CPC if it was not passed alongside the direction issued U.O.38.R.5(1) CPC - Such an order can be passed at any stage of a suit as clearly stated in U.O.38.R.5(1) CPC...........
Civil Procedure Code, 1908, Order 38, Rule 6(2), 5(3) -- Attachment before judgment - O.38.R.6(2) CPC can have no application in a case where property specified in application or any portion of it has not been attached by invoking O.38.R.5(3) CPC...........
