Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of JD - JD disobeying the order of attachment, sold away the property to third parties during the pendency of suit and prior to filing of execution petition - JD thus, had sufficient means to pay decretal amount - Plea of JD seeking extension of six months time is not acceptable, as executing..........
Civil Procedure Code, 1908, Section 55, Order 21, Rule 37, 38 -- Execution - Arrest and detention of JD - DH did not place on record any evidence about existence of property in the name of JD - Executing Court wrongly placed burden on JDs to disprove version of DH - Conclusion arrived by Court below is not in accordance with law - Impugned order directing JD to pay entire..........
Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Arrest of JD - Oral application - Condition for making oral application for arrest of J.D. is that J.D. must be present within the precincts of Court or otherwise oral application cannot be considered for arrest...........
Civil Procedure Code, 1908, Order 21, Rule 30, 37, 38, 39, 40 -- Execution - Arrest of JD - JDs are officers of Government and issuing warrant against them without issuing arrest notice cannot be sustained...........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest and detention - Decree for permanent injunction - Report of Tehsildar shows that there is no obstruction caused by JD on suit land - Construction on suit land was laid down by Electricity Board - JD has no objection in case said construction is removed - Since suit land is lying vacant on the spot, as..........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest warrant - When JD appeared before Court on getting notice U.O.21.R.37 CPC and filed objection stating that he had no means to pay decree debt, in such contingency, it is mandatory for Court to conduct an enquiry U.O.21.R.40 CPC before issuing warrant of arrest against him...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Conditional warrant of arrest - Show cause notice was issued and served and JD even appeared and sought time to make payment and thereafter stopped appearing - Although conditional warrant of arrest has been issued, but it is stated that in case payment is made, then JD is not to be arrested and..........
Civil Procedure Code, 1908, Section 50, 52, Order 21, Rule 11 -- Execution - Money decree - Arrest of LRs of JD - Liability of L.R's is limited to assets which actually come to his hands - An order of arrest of L.R's of J.D. is not sustainable...........
Civil Procedure Code, 1908, Order 21, Rule 30, 37 -- Execution - Money decree - Simultaneous execution for arrest of JD and also for attaching his salary - Earlier E.P for attaching salary of JD was dismissed for default - Subject E.P was filed for arrest of JD - JD is a Teacher and drawing salary of Rs.16,000 and he did not pay any amount after dismissal of earlier E.P -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Settlement in Lok Adalat - Default in payment of instalments - Execution of award - Challenge to order passed by Executing Court U.O.21.R.37 CPC as to why JD be not arrested and detained in civil imprisonment followed by another order on the application of J.D. for recalling the warrant of arrest issued..........
