Civil Procedure Code, 1908, Order 21, Rule 66 -- Attachment of immovable property - Ceases to have effect once that property is sold in auction in execution of another decree...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Attachment of immovable property - Ceases to have effect once that property is sold in auction in execution of another decree - Attachment would not revive when defendant whose property was attached, later purchases that property from auction purchaser...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for restitution of conjugal rights - Cannot be enforced except by way of attachment of property of the other party or compensation and mesne profits - No person can force a female or his wife to co-habit and establish conjugal rights - If the wife refuses to co-habit, in such case she cannot be forced by a..........
Civil Procedure Code, 1908, Section 60(1), Order 21, Rule 48 -- Execution - Salary - Where any part of the attachable portion of the salary of an employee is under attachment for a continuous period of 24 months, the same shall be exempt from attachment for a further period of twelve months and if such attachment for twenty four months is in one and the same decree, after..........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 10 -- Execution of decree - Arrest and attachment before judgment - Agreement of sale executed prior to order of attachment before judgment - Decree for specific performance in favour of appellant passed in year 2006 - This Court cannot go into validity of proceedings of decree of..........
Civil Procedure Code, 1908, Section 60(1)(i) -- Execution - Exemption from attachment - Salary - First one thousand rupees and two thirds of remainder has to be left out in execution of any decree other than a decree for maintenance and rest of the amount can be attached - Said attachment shall continue for a period of 24 months either intermittently or continuously for..........
Civil Procedure Code, 1908, Section 60(1)(i) -- Execution of decree - Attachment of salary - Application for attachment of salary for recovery of decreetal amount of Rs.1,79,000/ - - Total salary of JD Rs. 5847/ - - The provision of Section 60(1)(i) CPC would apply in favour of DH - Salary of JD would be exempted towards first one thousand rupees and two thirds of the..........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption from attachment in execution of a decree is to be seen at the time of execution of decree that J.D. is an agriculturist, labourer or domestic servant - Attachment of property during trial is immaterial if that party is then qualified u/s 60(1)(c) CPC...........
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 inadequate to meet the liability to..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Dwelling house - Exemption from attachment - Decree of specific performance - Sale deed executed on intervention of Court - Execution for possession - Exemption from attachment of dwelling house is not available when decree is executed for delivery of property decreed...........
