Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Defendant directed to furnish bank guarantee by way of security till disposal of case - However, defendant wants to furnish collateral security of equivalent value in lieu of bank guarantee - Since defendant is willing to deposit title of property owned by him worth of which is..........
Civil Procedure Code, 1908, Order 21, Rule 58, 97 -- Execution - Attachment of property - Objections - Objector being mother of JD well aware about factum of attachment and was present at the time of attachment - However, objector filed objections after lapse of 2 years - Objector relied upon un-registered and insufficiently stamped gift deed purportedly executed by JD in..........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Money decree - Attachment of property and detention in prison - U.O.21.R.30 CPC, both the procedure with respect to attachment and also detention in prison can be taken against JDs either individually or simultaneously - Even, in a situation where amount is partly recovered by attachment and sale, for recovery of..........
Civil Procedure Code, 1908, Order 21, Rule 54 -- Execution - Attachment of property - Executing Court wanted to issue fresh attachment and notice U.O.21.R.54 CPC to avoid any objections and defects in sale of suit property to be conducted in Court auction - Court thus, directed JD to furnish his correct residential address with door number by way of affidavit, failing..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Requirements of the provision are specific and Court cannot act on mere unfounded apprehensions - Applicant had to establish by means of an affidavit or otherwise that defendant was seeking to obstruct or delay execution of any decree that may be passed against him in pending suit by disposing of..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Vague and general allegations made in the application that defendant was seeking to dispose of property - No specification made either by date when such transaction had been contemplated nor other details of parties with whom such transaction may have been attempted, disclosed - Prima facie burden..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Enforcement of order of maintenance - Order or decree of maintenance may be enforced like a..........
Criminal Procedure Code, 1973, Section 85(3) -- Release of attached property - Two year period mentioned in S.85(3) Cr.P.C has to be reckoned from date of attachment till date of arrest or appearance of accused and not with respect to date on which an application submitted u/s 85(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 85(3) -- Release of attached property - Court should not be more serious while exercising jurisdiction u/s 85(3) Cr.P.C and it shall not be used mechanically to defeat valuable right over property, especially when accused appeared or arrested within two years from date of attachment...........
Criminal Procedure Code, 1973, Section 85(3), 482 -- Release of attached property - Denial - Case records were not traced without which an order passed dismissing application that too without knowing real impact of S.85 CrP.C - Accused was acquitted after order of attachment and he passed away later on - Issue whether accused appeared within two years and had shown..........
