Showing : 11-20 of 30 Results

MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Application for - Defendants/respondents are in established possession - Suit is also not for possession - Held, applicants are not entitled to free access to suit property - Order of attachment cannot also be passed as no ground is made out for exercise of..........
CALCUTTA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5-- Attachment before judgment - Inherent power cannot be exercised to pass an order for attachment before judgment when ingredients of O.38.R.5 are absent...........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 38, Rule 5, 8, 10, Civil Procedure Code, 1908, Order 21, Rule 58-- Attachment before judgment - Objections to attachment before judgment have to be determined U.O.38 itself and not by recourse to O.21.R.58 CPC - Requirements and limitations of O.38.Rr.5 & 10 are relevant for such consideration...........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Order U.O.38.R.5 CPC is not appealable...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 38, Rule 5, 6-- Attachment before judgment -Tow conditions precedent are : that the defendant is about to dispose of whole or any part of his property and defendant is about to remove the property from local limits of jurisdiction of the Court - Even when such prima facie case is proved, an order of attachment..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Filing of application U.O.38.R.5 CPC in a suit in which final decree is to be passed is rare and uncommon - Slight possibility for such applications exists only in cases of mortgage decrees and that too where it emerges that the mortgaged property is found to be..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Property not subject matter of partition cannot be attached U.O.38.R.5 CPC...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Court while exercising its jurisdiction U.O.38.R.5 of the Code is required to form a prima facie opinion at that stage - It need not go into the correctness or otherwise of all the contentions raised by the parties - High Court directed appellants to furnish security -..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 38, Rule 5-- Attachment before judgment - Plaintiff to show that (i) prima facie his claim is bonafide; (ii) Defendant is about to remove or dispose of the whole or part of his property, with the intention of obstructing or delaying the execution of any decree that may be passed against him, before power is..........
KERALA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Section 115, Order 38, Rule 5, 6-- Court not passing any order under rule 5 - Order rejecting prayer for attachment can be deemed to be an order under rule 5 and not rule 6 - Hence revision u/s 115 is maintainable...........

Showing : 11-20 of 30 Results