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...........
Civil Procedure Code, 1908, Section 60(1)(i) -- Execution - Attachment of bank account - Plea that entire amount in the bank is salary and cannot be attached beyond permissible limit - Held, the moment amount is credited to the account it loses the character of salary and provision of S.60 (1)(i) CPC does not apply...........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption from attachment - Land appurtenant to residential building - Trial Court declined relief sought for without considering the aspect as to whether petitioner is entitled to get protection of the properties proclaimed for sale in accordance with S.60(1)(c) by taking into account the evidence available..........
Civil Procedure Code, 1908, Section 60(1)(ccc)(As -- Execution - Exemption from attachment one residential house - Legal heirs of J.D. cannot seek release of their sole residential house from attachment by seeking protection u/s 60(1)(ccc) CPC...........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - One residential house - Exemption from attachment - Protection u/s 60(1)(ccc) CPC is only available to J.D and to his heirs - Heirs of J.D. cannot take plea of protection after his death and are liable to abide by decree in so far as property of J.D is concerned...........
Civil Procedure Code, 1908, Order 34, Rule 5, Transfer of Property Act, 1882, Section 60 -- Mortgage - Final decree in suit for sale - Right of redemption - Where suit property is mortgaged and sold out in Court auction to third party for realization of money dues and sale become final, mortgagor of property have no right of redemption as mortgagor can redeem property only..........
Civil Procedure Code, 1908, Section 114, 60 -- Review of order holding that gratuity payable to legal representative of deceased employee is liable for attachment - In view of the authoritative pronouncement of Supreme Court, even gratuity payable to legal representatives of deceased is not liable for attachment - Review petition allowed...........
Civil Procedure Code, 1908, Section 60(c) -- Execution - Exemption from attachment and sale of residential house of an agriculturist - Exemption available only if house is in occupation of J.D...........
Evidence Act, 1872, Section 60 -- Hearsay Evidence - An admission made by a party based on hearsay evidence is inadmissible in a civil case and also in a criminal case...........
Civil Procedure Code, 1908, Section 60(1)(ccc) - - Execution - Exemption from attachment of one residential house - Principal borrower and guarantor died before filing the suit - Suit filed against legal representatives - Benefit of the provision is available to J.D.'s when principal borrower died before institution of suit as they themselves are the J.D's. - Mere fact..........
