Civil Procedure Code, 1908, Section 60(1)(g) -- Exemption from attachment - Retirement benefits - Right of a wife or a minor child to maintenance supersedes the employee's right to claim exemption u/s 60(1)(g) CPC...........
Civil Procedure Code, 1908, Section 60(1)(g) -- Exemption from attachment - Retirement benefits - Retirement benefits, such as pension, gratuity, receivable by father is liable to attachment in a claim for maintenance and educational expenses by his own minor daughter, as minor daughter seeking maintenance and educational expenses both past and future cannot be equated..........
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..........
Civil Procedure Code, 1908, Section 60(kb) -- Execution - Exemption from attachment - Money received by JD/wife under policy of insurance on the life of deceased/husband or house purchased by her by utilizing that amount, could not be put to auction or sale...........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Exemption from attachment - DH unable to show that JDs are owners of more than one house - Court rightly granted exemption from attachment on the ground that house in question is the only residential house of JDs...........
Civil Procedure Code, 1908, Section 60(1)Proviso(g) -- Exemption from attachment - Amount of service benefits is not liable for attachment in view of S.60(1) Proviso (g) CPC...........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - Exemption from attachment of sole residential house - Decree for specific performance - Principal amount under the decree already paid - Only dispute is with regard to amount of interest - Defendants are in a precarious financial position, whereas DHs have been granted relief by Court - Principal amount stands..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Exemption from attachment - Protection afforded u/s 60(1)(ccc) CPC shall not extend to any property specifically charged with debt sought to be recovered...........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Agricultural land - Exemption from attachment - Mere existence of an agricultural land or that he is doing cultivation may not by itself bring him within sweep of S.60 CPC, unless he is wholly or principally depending on the income derived from such cultivation...........
Civil Procedure Code, 1908, Section 60(1)(g), Pensions Act, 1871, Section 11 -- Arrears of maintenance - Attachment of pension - Maintenance allowance granted to wife cannot be considered as debt and she is not a creditor - Pension of husband thus, cannot be exempted from attachment towards payment of maintenance as provided u/s 60(1)(g) CPC and S.11 of Pension Act...........
