Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - O.38.R.5 CPC does not restrict the power of Court to attach properties which are without jurisdiction of Court...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Defendant had given an undertaking to furnish security - However, he has not furnished security as undertaken by him - Undertaking cannot be treated on par with furnishing security - Trial Court thus, was justified in passing an order of attachment - However, one more opportunity is given to..........
Civil Procedure Code, 1908, Order 21, Rule 58A, Civil Procedure Code, 1908, Order 38, Rule 11B -- As amended in State of Madras - Execution - Attachment of property - Order of attachment passed by Competent Civil Court must be communicated to jurisdictional Registrar and to be entered in encumbrance certificate - In the absence of same, order is not enforceable and is void..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4, Civil Procedure Code, 1908, Order 38, Rule 5 -- Temporary injunction - Filing of petition for attachment of same property and seeking temporary injunction prohibiting alienation of property - Intention to file two applications simultaneously is only to cause embarrassment and inconvenience - Order vacating injunction,..........
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Dismissal of application - A case is made out for an order of attachment U.O.38.R.5 CPC - Documents now placed before High court, were not produced before trial Court - Case remanded back for decision of application afresh and petitioners are at liberty to produce said documents..........
Civil Procedure Code, 1908, Order 24, Rule 1, Civil Procedure Code, 1908, Order 38, Rule 5 -- Amount/bank guarantee deposited in pursuance of O.38.R.5 CPC cannot be treated to be one U.O.24.R.1 CPC...........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Recovery suit - Property offered as a security is inadequate and less than 1/3rd of suit claim - Order of attachment of property before judgment is proper...........
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Order of attachment was passed on very same day on which notice calling upon defendant to furnish security was served that too without giving sufficient opportunity to defendant to respond to said notice as required U.O.38.R.5(1)(b) CPC - There is thus, non-compliance..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Power U.O.38.R.5 CPC cannot be exercised by Court mechanically or merely for asking of plaintiff...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Plaintiff failed to make out a prima facie case for grant of interim injunction - Resultantly, no prima facie case is made out by plaintiff for grant of attachment of suit property under provisions of O.38.R.5 CPC - Moreover, application filed by plaintiff is bereft of any details as to how relief..........
