Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Attachment of property - Suit filed against Company through its Managing Director - Petitioner being Managing Director has given personal undertaking in the written statements, chief-affidavits as well as in cross-examination for repayment of suit amounts personally - He cannot now take a ground that he is..........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Agricultural land - Exemption from attachment - Mere existence of an agricultural land or that he is doing cultivation may not by itself bring him within sweep of S.60 CPC, unless he is wholly or principally depending on the income derived from such cultivation...........
Civil Procedure Code, 1908, Order 21, Rule 58A, Civil Procedure Code, 1908, Order 38, Rule 11B -- As amended in State of Madras - Execution - Attachment of property - Order of attachment passed by Competent Civil Court must be communicated to jurisdictional Registrar and to be entered in encumbrance certificate - In the absence of same, order is not enforceable and is void..........
Civil Procedure Code, 1908, Order 21, Rule 54(2) -- Execution - Attachment of property - Order of attachment shall be deemed to take effect as against the transferees without consideration from the date of order of attachment - However, as against all other persons, from the date on which they get knowledge about the order of attachment or the date on which the order was..........
Civil Procedure Code, 1908, Order 21, Rule 58(3) -- Execution - Attachment of property - Bona fide purchasers - Order of attachment has been entered in encumbrance certificate 6 months after execution of sale deed in favour of claim petitioners - Claim petitioners thus, had no knowledge of order of attachment on the date of sale deed - They held to be bona fide purchasers..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objections - Execution of decree for execution of registered sale deed - There is no attachment of property - Application U.O.21.R.58 CPC, not maintainable...........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 52 -- Execution - Attachment of property - Property in question mortgaged subsequent to date of attachment order of Court - Therefore, any payment to JDs of any debt, dividend or other monies contrary to such attachment shall be void as against all claims enforceable under attachment - Garnishee bank directed to..........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - Attachment of property - JD cannot stall execution of money decree on the ground that he filed petition to set aside ex-parte decree unless stay of execution is obtained - Order of sale and attachment of suit property held, Proper...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - JD contended that suit property is not in his possession since 15 years - However, it is not case of JD that suit property is not belong to him and there is no explanation as to how suit property is not in his possession - There is not even the contention of JD that any third party who is in..........
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...........
