Showing : 21-30 of 150 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 96, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58-- Appeal against decree by a person, who is not party to the suit, but his property is ordered to be attached by order U.O.38.R.5 CPC - Appeal at his instance is not maintainable as he is not an aggrieved person - Appropriate remedy lies U.O.21.R.58 CPC by filing a claim petition...........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Power U.O.38.R.5 CPC is drastic and extraordinary and the same must be used sparingly and not in a mechanical manner...........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Essential requirement for order of attachment is mala fide intention and conduct of defendant in disposing of property with dishonest intention of defeating or delaying the decree that may be passed in the suit...........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Specific particulars or details of property which the defendant is intending to sell has to be given in the application - In the absence of the same application U.O.38.R.5 CPC not maintainable...........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Jurisdiction of Court to order attachment before judgment arises only when it is satisfied by Affidavit, supported by particulars that defendant is about to dispose of whole or any part of property with intention to obstruct or delay the execution of decree that may be..........
CALCUTTA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Bald and vague allegations against defendants that they are indulging in acts of insolvency - However, plaintiff can get order of attachment against defendant, if acts of insolvency of defendant is pleaded and proved in some detail - Order of attachment causing..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Apprehension that defendant will lease out the land - Held, mere leasing out does not amount to dispose of or removal of said property from the local jurisdiction of Court - No case made out for attachment of property - Petition dismissed...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Recovery suit - Loan amount - Plaintiff bank seeking recovery of huge amount exceeding Rs.4 crores - Conditional order of attachment of hypothecated stocks and mortgaged properties to take effect only if defendants failed to furnish security equal to value of suit of..........
MADRAS HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 64, Order 38, Rule 10, Registration Act, 1908, Section 71, 76-- Registration of sale deed - Order of attachment cannot be a bar to registration of document - Sale of property, pending the order of attachment is void only as against the claims enforceable under the order of said attachment and not in respect of other claims - Sale of property attached cannot be..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Recovery suit - Suit of plaintiff decreed and liability of defendant stands established - There is every likelihood that defendant may evade execution of decree passed by Court, as previous conduct of defendant shows that even earlier he issued post dated cheques which..........

Showing : 21-30 of 150 Results