Showing : 21-30 of 139 Results

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..........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Dismissal of suit - Order of attachment before judgment comes to an end - Order of attachment before judgment will not automatically revive even if appellate Court allows an appeal and reverses the decree of dismissal of suit...........
KERALA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 43, Rule 1(q)-- Attachment before judgment - Dismissal of application - Appeal thereagainst is not maintainable...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Second application - Held, maintainable when first application was dismissed being vague as there were no allegations as to how the defendants are out to dispose of the property and in the second application numerous instances are mentioned alongwith prima facie proofs..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgments - Property already mortgaged can be attached before judgment...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Revision against order allowing application for attachment before judgment - Plea that defendant is not disposing of the property - In case defendant is not disposing of property then he has no grievance at all to file revision even if impugned order is passed and..........

Showing : 21-30 of 139 Results