Civil Procedure Code, 1908, Section 60, Order 38, Rule 5 -- Attachment before judgment - Retiral benefits such as pension and gratuity - Exempt u/s 60(1) CPC - Cannot be attached...........
Civil Procedure Code, 1908, Order 21, Rule 58, Civil Procedure Code, 1908, Order 38, Rule 5, 11, 11A -- Attachment before judgment - Does not cease with passing of the decree - There is no need to seek a fresh attachment of land at the stage of execution of the decree...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - In the affidavit filed in support of application, plaintiff has stated that defendant is attempting to dispose of the property in question - He has not stated in the affidavit the source of information or apprehension - Held, plaintiff has not established that defendant is attempting to remove or..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment - Furnishing of security - Held, perusal of O.38.R.5 of the Code shows that an order for directing defendant to furnish security can be made if court is satisfied that defendant is about to dispose of whole or any part of his property with intent to obstruct or delay execution of any decree that may be passed..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - It is incumbent upon plaintiff to state grounds on which he entertains the belief or apprehension or furnish the source of information and belief that defendant would dispose of or remove property...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Application for - Defendants/respondents are in established possession - Suit is also not for possession - Held, applicants are not entitled to free access to suit property - Order of attachment cannot also be passed as no ground is made out for exercise of jurisdiction U.O.38.R.5 of the Code...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Held, communication of order of attachment to the registering office is mandatory - If mandatory provision has not been followed, then order of attachment cannot be sustained...........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - If the defendants are with an intention to obstruct or delay the execution of any decree that may be passed against them or about to dispose the whole or any part of his property or is about to remove the whole or any part of his property from the..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Defendants selling the property in order to evade payment of decree amount likely to be passed - Properties belonging to defendants sold even after filing of suit through Power Agents on whom defendants have no control as Power Agents themselves..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Money suit - Plea that defendant is not in a position to pay the decreetal amount in case he alienates his plant and machinery - Vague plea - No order or direction for furnishing security can be passed simply because in overdraft account of banks, there is no credit balance - In a money suit..........
