Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption from attachment - Exemption provided u/s 60(1)(c) CPC is not applicable to a charge decree or to a decree where there is a statutory charge, over the property...........
Civil Procedure Code, 1908, Section 60 -- Execution - Salary - Only 1/3rd of salary can be attached - Order attaching entire salary, held, illegal and unwarranted in law and same set aside to that extent...........
Civil Procedure Code, 1908, Section 60(ccc) -- Protection u/s 60(ccc) CPC - Shall not be applicable with respect to the award passed by MACT as there are express provisions under Motor Vehicle Act itself...........
Civil Procedure Code, 1908, Section 9, Companies Act, 2013, Section 408, 410, Insolvency and Bankruptcy Code, 2016, Section 60 -- NCLT - Is not a civil Court which has jurisdiction by virtue of S.9 CPC to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred - Therefore, NCLT can exercise only such powers within..........
Civil Procedure Code, 1908, Section 60, Constitution of India, 1950, Article 226 -- Securitisation and Reconstruction of Financial Assets and Enforcement Security Interest Act, 2002 - Payment of loan - Liability to refund - Petitioner filed application for disbursement of his pension - Pension amount not disbursed and Bank directed to arrange to close loan account -..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - Exemption from attachment of sole residential house - Decree for specific performance - Once decree issued in favour of DH is one for specific performance of an agreement in which specific property is subject matter of sale/purchase between parties, a charge would stand created upon such property by itself -..........
Civil Procedure Code, 1908, Section 60(1)(g) -- Execution - Attachment - Earned leave encashment amount - Not stipend or gratuity - Earned Leave Encashment can be attached...........
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)(ccc) -- Execution - The only residential house is exempt from attachment...........
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...........
