Civil Procedure Code, 1908, Section 60, Order 38, Rule 5 -- Attachment before judgment - Retiral benefits such as pension and gratuity - Exempt u/s 60(1) CPC - Cannot be attached...........
Civil Procedure Code, 1908, Order 38, Rule 2 -- Furnishing of security on the ground of apprehension - Invocation of power U.O.38.R.2 - Held, apprehension cannot be a ground for invocation of the powers U.O.38.R.2 of CPC in the matter of furnishing security...........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 5, 11, 11A -- Attachment before judgment - Does not cease with passing of the decree - There is no need to seek a fresh attachment of land at the stage of execution of the decree...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - In the affidavit filed in support of application, plaintiff has stated that defendant is attempting to dispose of the property in question - He has not stated in the affidavit the source of information or apprehension - Held, plaintiff has not established that defendant is attempting to remove or..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment - Furnishing of security - Held, perusal of O.38.R.5 of the Code shows that an order for directing defendant to furnish security can be made if court is satisfied that defendant is about to dispose of whole or any part of his property with intent to obstruct or delay execution of any decree that may be passed..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Security for protection of property - Application U.O.38.R.5 for security for protection of property - Petitioner again moved an application stating that since no guarantee or security has been paid by respondents, the property of respondents be attached - Prior to the filing of aforesaid application respondents had already..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - If the defendants are with an intention to obstruct or delay the execution of any decree that may be passed against them or about to dispose the whole or any part of his property or is about to remove the whole or any part of his property from the..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Defendants selling the property in order to evade payment of decree amount likely to be passed - Properties belonging to defendants sold even after filing of suit through Power Agents on whom defendants have no control as Power Agents themselves..........
Civil Procedure Code, 1908, Order 38, Rule 11, Limitation Act, 1963, Article 136 -- Attachment before judgment - Further attachment in execution petition not required - However, there can be no order for execution without an application in that behalf - Property attached, if not proceeded against within the period prescribed under article 136 of Limitation Act, attachment..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Money suit - Plea that defendant is not in a position to pay the decreetal amount in case he alienates his plant and machinery - Vague plea - No order or direction for furnishing security can be passed simply because in overdraft account of banks, there is no credit balance - In a money suit..........
