Civil Procedure Code, 1908, Section 60(i), Order 21, Rule 48 -- Execution - Attachment of salary of Judgment Debtor - Executing Court while directing attachment of salary of JD failed to consider provisions of S.60(i) CPC, which specifically governs manner and extent of attachment of salary - Order of attachment of salary of JD, set aside - Executing Court directed to..........
Criminal Procedure Code, 1973, Section 102, 482 -- Defreezing of bank account - Petitioner organization was actually running 103 educational institutions and more than a dozen primary health centers - Order of attachment was stayed as regards salary and institutional expenses by interim order - Petitioners were directed to maintain proper and complete statements of..........
Civil Procedure Code, 1908, Order 21, Rule 48 -- Execution - Money decree - Attachment of salary - High Court stayed the order of Executing Court subject to payment of Rs.2.50 lakhs which was deposited by the petitioner - Petitioner allowed to pay the remaining decretal amount in two instalments - In the event of any default in these payments, order of attachment would..........
Civil Procedure Code, 1908, Section 60(1) -- Execution - Attachment of salary - Exemption - Salary attached in execution of decree for money during period exceeding 24 months does not lose its nature or character and enjoys statutory exemption - Decree holder has no right over that part of amount exempted from attachment of salary and it does not form part of decree debt...........
Civil Procedure Code, 1908, Section 60(1)(i) -- Execution - Decree passed in recovery suit - Attachment of salary - Salary to the extent of 1/3rd of first one thousand rupees and 2/3rd of remainder can be attached, as decree is not a decree for maintenance but is a decree passed in a suit of recovery and provisions of S.60(1)(i) CPC shall apply...........
Civil Procedure Code, 1908, Section 60(1)(i) -- Execution - Attachment of bank account - Plea that entire amount in the bank is salary and cannot be attached beyond permissible limit - Held, the moment amount is credited to the account it loses the character of salary and provision of S.60 (1)(i) CPC does not apply...........
Civil Procedure Code, 1908, Order 21, Rule 48 -- Execution - Money decree - Attachment of salary of one of judgment debtors - Decree holder can proceed against any one of judgment debtors and he is not required to proceed against principal borrower at the first instance...........
Civil Procedure Code, 1908, Section 60 -- Attachment of salary - Held, salary is debt and, therefore, Court has power to direct its attachment...........
Civil Procedure Code, 1908, Section 60(1)(i) -- Proviso - Salary of employee - Attachment of - Prohibition against - Held, proviso makes it clear that once salary of an employee was subjected to attachment for a period of 24 months, no further attachment can be made, in respect of that very decree, though attachment in respect of other decrees can be made after expiry of..........
Civil Procedure Code, 1908, Section 60(1)(i) -- Proviso - Salary of employee - Arrears of salary - Attachment of - Prohibition against - Held, whether it is salary from month to month or, it is the amount accumulated as arrears of salary, the prohibition contained under proviso to S.60(1)(i) of CPC operates...........
