Civil Procedure Code, 1908, Order 40, Rule 1, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appointment of receiver - With condition to deposit amount - Order of appointment takes with it liability to pay amount as stipulated - It goes as a single package - Obligation or burden imposed alone cannot be severed - If party so appointed is not willing to comply with..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Partition suit - Prima facie an opinion has been formed by Courts below about property being joint in absence of any tangible evidence at that stage to the contrary and based thereon an order allowing application for appointment of receiver - Orders have been passed to protect the property and..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Recovery suit - Vehicle loan - Hypothecation of vehicle to bank - Default in payment of EMIs and other charges - Appointment of receiver in such circumstances is necessary - Impugned order of dismissing application U.O.40.R.1 CPC set aside - Directions issued...........
Civil Procedure Code, 1908, Order 40, Rule 1, Partnership Act, 1932, Section 44 -- Appointment of receivers - Dissolution of partnership firm - For protecting partnership business plaintiff and defendant No.1 appointed as receivers to look after day-to-day affair of business in just and convenient manner - Act of exclusion of co-partner from rightful interference and..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Ordinarily the function of Receiver comes to an end with the final decision of case - However, even after final decision, Court has discretion to take further assistance of Receiver as and when need arises - In the instant case decree put to execution - Executing Court while executing decree may take assistance of..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Ordinarily the function of Receiver comes to an end with the final decision of case - In the instant case High Court holding that Receiver shall be deemed to have been discharged after dismissal of first appeal by High Court, followed by dismissal of Special Leave Petition by Supreme Court - Held, there is no error..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - When a Receiver is appointed on an interlocutory application without any limit of time, it is necessary to provide for continuance of his appointment in the final judgment...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of Receiver - Whenever a Receiver is appointed during pendency of suit or appeal, prime objective is to preserve the property by taking possession or otherwise and to keep an account of rent and profits that may be realized by Receiver and to submit it before the Court till lis is finally decided...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - If an order for maintaining status quo was passed a receiver can still be appointed where prima facie fraud played to gain possession of property emerges...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Filling of suit by Receiver - When authority has been given to Receiver to preserve the estate, it empowers the Receiver to institute the suit for preserving the estate - As regards failure to obtain leave of Court, held, obtaining leave of Court before filing suit cannot be fatal and same can be cured in law and is merely an..........
