Civil Procedure Code, 1908, Section 60(1)(i) -- Proviso - Salary of employee - Arrears of salary - Attachment of - Prohibition against - Held, whether it is salary from month to month or, it is the amount accumulated as arrears of salary, the prohibition contained under proviso to S.60(1)(i) of CPC operates...........
Civil Procedure Code, 1908, Order 60(1)(c) -- Execution proceedings - Attachment of property - Exemption to agricultural labourers - Held, executing court held that judgment-debtor admitted that he is a tailor and that he is not entitled to benefits of S.60(1)(c) CPC - This is neither patently nor evident on record - Held, patently, the judgment-debtor is an agricultural..........
Civil Procedure Code, 1908, Section 60(1), Order 37, Rule 1 -- Recovery of loan amount - Non-agriculturist - Liability to pay interest - Except pleading that he is an agriculturist, defendant has not produced any material in support of his contention - He himself mentioned his occupation as `business' in affidavit of his chief-examination - Held, it can be safely held that..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - Suit for specific performance - Suit decreed for alternative relief for recovery - Objection petition by L.R's of J.D. that sole residential house is exempt from attachment and sale - Held, protection u/s 60(1)(ccc) is available to J.D. and not the legal heirs of J.D...........
Civil Procedure Code, 1908, Section 60(1), Order 21, Rule 48 -- Execution - Salary - Where any part of the attachable portion of the salary of an employee is under attachment for a continuous period of 24 months, the same shall be exempt from attachment for a further period of twelve months and if such attachment for twenty four months is in one and the same decree, after..........
Civil Procedure Code, 1908, Section 11, Transfer of Property Act, 1882, Section 60 -- Res judicata - Second suit for redemption of mortgage - First suit dismissed U.O.17.R.3 CPC - Held, in the absence of extinguishment of right of redemption, second suit for redemption not barred and is not hit by principle of res judicata as in the previous suit right of redemption was..........
Civil Procedure Code, 1908, Section 60(1)(i) -- Execution - Exemption from attachment - Salary - First one thousand rupees and two thirds of remainder has to be left out in execution of any decree other than a decree for maintenance and rest of the amount can be attached - Said attachment shall continue for a period of 24 months either intermittently or continuously for..........
Civil Procedure Code, 1908, Section 60(1)(i) -- Execution of decree - Attachment of salary - Application for attachment of salary for recovery of decreetal amount of Rs.1,79,000/ - - Total salary of JD Rs. 5847/ - - The provision of Section 60(1)(i) CPC would apply in favour of DH - Salary of JD would be exempted towards first one thousand rupees and two thirds of the..........
Civil Procedure Code, 1908, Section 60(1)(kb) -- Execution - Surrender value of life insurance policy - Comes within scope of exemption of S.60(1)(kb) CPC...........
Civil Procedure Code, 1908, Section 60(1)(kb) -- Execution - Once money under LIC policy is received, it becomes personal property and when same is received by legal representatives after his death it becomes part of estate - Either way, money so received is liable for attachment in his hands...........
