Criminal Procedure Code, 1973, Section 145, 146 -- Dispossession in the garb of proceedings u/ss 145, 146 Cr.P.C. - Practice deprecated - A judicial notice is taken of the fact that an influential person purchasing land in possession of another person takes the help of police in getting an order of appointment of receiver passed and thus dispossessing the person in..........
Civil Procedure Code, 1908, Order 40, Rule 1(d) -- Power of Receiver to sue or be sued - Receiver cannot exercise this power without leave of Court - When power to sue or be sued are conferred on the receiver, while appointing him, then that will be sufficient authority for him to sue if need be, for protection, preservation and management of the property...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of Receiver is an exceedingly delicate and responsible duty of Court which it has to discharge with utmost care and caution and only when it is satisfied that the requirements embodied in the expression 'just and convenient' occurring in O.40.R.1 CPC is fulfilled by the facts of the case, Court may appoint..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment - Dismissal of an earlier application for appointment of Receiver will not be a bar if the court finds that some other circumstances exists which necessitate the appointment of a Receiver...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment - Principles relating to appointment of a Receiver are : (1) The object of appointing a Receiver is to preserve the subject matter of litigation pending decision of the case; (2) Court has the discretion to appoint Receiver when it appears to the court to be just and convenient to do so; (3) The..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Money of parties when entrusted to receiver he should deal with it as per directions of Court - A Receiver cannot assume that unless Court directs, he need not submit accounts or that he need not account for the amounts lying with him - Unauthorised payment by receiver amount to gross negligence or wilful default..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment of a Court Receiver is a discretionary relief - Unless there are excellent chances of succeeding in establishing the facts made out in the case that the property in possession of the opposite party is in danger of being wasted, there shall be no appointment of Court Receiver which has the effect of..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment - Discretion of Court - Receiver can be appointed only when plaintiff has an excellent chance of success - Plaintiff has to show not only a case of adverse and conflict claims of property but also emergency, danger or loss demanding immediate action - Element of danger is an important consideration -..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment - No body would be prejudiced if receiver is appointed - Receiver cannot be appointed on such a ground - Appointment of receiver is a matter which rests in sound discretion of Court...........
Police protection -- Protection to assume charge as receiver of a firm - Police has no statutory power or duty to meddle in civil disputes or to enforce interim or final order of Civil Court...........
