Civil Procedure Code, 1908, Order 38, Rule 8 -- Application U.O.38.R.8 - To be decided either during pendency of suit or alongwith the suit - This is not as a matter of compliance with any mandatory provisions, but, as a measure to ensure proper implementation of the provisions of the Code of Civil Procedure...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Guarantor sold the property of which he had created equitable mortgage in favour of Bank - Bank filed suit for recovery of loan amount - Order of attachment before judgment - Purchaser of property in question being in possession of property has a right to object to the order before attachment - His property cannot be attached..........
Civil Procedure Code, 1908, Section 64, Order 38, Rule 5, 10, Transfer of Property Act, 1882, Section 40 -- Agreement of sale - Executed prior to order of attachment before judgment - Held, agreement of sale prevails over the attachment...........
Civil Procedure Code, 1908, Order 21, Rule 46, Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Ordering attachment of property of Garnishee situated out side the territorial jurisdiction of court - No material to show that debt is payable within jurisdiction of executing Court - Order by executing Court prohibiting garnishee from making payment of judgment-debtor -..........
Civil Procedure Code, 1908, Order 21, Rule 46, Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Garnishee - Right of - Living beyond territorial jurisdiction of Court - Judgment debtor also beyond the jurisdiction of Court - No material to show that debt is payable within jurisdiction of executing Court - Order by executing Court prohibiting garnishees from making..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Intention of respondent to dispose of property - Proof of - No proof of intended sale - Respondent did not controvert said contention by filing counter affidavit - Needle of suspicion swings more in favour of the petitioner, than relieving the respondent of his obligation - Refusal for attachment..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - If an order of attachment is made without complying with the provisions of sub-rule (1) then order of attachment is void...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Before passing order of attachment before judgment Court must be satisfied that the defendant with intent to obstruct or delay the execution of any decree that may be passed is about to dispose of the whole or any part of his property or is about to remove the whole or any part of his property..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Exparte order without giving any opportunity to the defendant - Held, order is arbitrary, unreasonable, illegal and the same set aside...........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 9, Rule 9 -- Attachment - Appellant purchased the property and applied for raising of attachment - Application dismissed for default - Property put to sale in auction - Application U.O.21.R.58 filed in execution - Inquiry provided U.O.38.R.8 is to..........
