Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before Judgment - Application for substitution of property - Defendant at the time of filing of written statement offered to substitute the property by another property and also placed on record the evaluation thereof - Evaluation of property offered is not in dispute - Trial Court after being satisfied with the..........
Criminal Procedure Code, 1973, Section 83 -- Attachment of property belonging to proclaimed offender - Sine qua non for passing such an order would be a finding, may be prima facie, that property for which attachment order is being passed belongs to accused person and without such finding, no order as to attachment of property can be passed...........
Criminal Procedure Code, 1973, Section 82, 83, 84 -- Attachment of property belonging to proclaimed offender - Mere residence of proclaimed person in rented premises, cannot empower concerned authority to seize or attach the rented property, as said property would not belong to proclaimed person...........
Civil Procedure Code, 1908, Order 21, Rule 52 -- Execution - Recovery of arrears of rent - Attachment of compensation granted under Motor Vehicle Accident Claim - Petition for arrears of rent filed against petitioner was decreed ex parte - Shop in question was in custody of petitioner and it was petitioner who was responsible to pay rent - Petitioner cannot take defence of..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Exemption from attachment - DH unable to show that JDs are owners of more than one house - Court rightly granted exemption from attachment on the ground that house in question is the only residential house of JDs...........
Criminal Procedure Code, 1973, Section 146, 145 -- Order of attachment - There must be existence of situation over possession of disputed land which may cause breach of peace between parties prior to any order of attachment of disputed property is made - If there is no direct evidence of any likelihood of breach of peace, inability of Magistrate concerned to come to a..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent prohibitory injunction - Violation of decree - JDs willfully violating the judgment and decree passed in favour of DH - Order of civil imprisonment and attachment of property of JDs is proper - However, one of JD being an aged lady exempted from being sent to civil imprisonment...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution on the basis of charge decree - O.21.R.58 CPC can be invoked by third party only in a situation where there is an attachment of property by Court in execution of a decree...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 54 -- Execution - Objections - Attachment of property - Agreement to sell executed in favour of DH during the pendency of suit for specific performance filed by petitioner - Same is thus, governed by principle of lis pendens - Petitioner has a prior/preferential right over the property as agreement to sell in his..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Recovery of arrears of maintenance - Attachment of retirement dues of deceased mother of husband - Retirement dues of mother of husband after her death coming to the hands of husband, cannot be termed as retiral dues or service benefits of his mother - Said amount as tangible corporeal property is..........
