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..........
Civil Procedure Code, 1908, Order 21, Rule 54(1), 66 -- Execution - Attachment of property - When only one of attached properties was sufficient to satisfy the decree there was no requirement for effecting sale of entire attached property...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Arrest and detention of JD - JD disobeying the order of attachment, sold away the property to third parties during the pendency of suit and prior to filing of execution petition - JD thus, had sufficient means to pay decretal amount - Plea of JD seeking extension of six months time is not acceptable, as executing..........
Criminal Procedure Code, 1973, Section 102, 482 -- Defreezing of bank account - Petitioner organization was actually running 103 educational institutions and more than a dozen primary health centers - Order of attachment was stayed as regards salary and institutional expenses by interim order - Petitioners were directed to maintain proper and complete statements of..........
