Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - House of agriculturist - Exemption from attachment - House jointly owned by J.D. and others - Does not disentitle him from getting exemption for his house if he proves that house belongs to him, is in his occupation and he is an agriculturist, labourer or domestic servant entitled for such exemption...........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption - House of agriculturist - Exemption of attachment of house of an agriculturist cannot be defeated by waiver of such right by party entitled to it or by his failure to produce material to substantiate the claim if Court finds that he is entitled to the exemption - Denial of such right is opposed to..........
Civil Procedure Code, 1908, Section 60(1)(c) -- Execution - Exemption from attachment in execution of a decree is to be seen at the time of execution of decree that J.D. is an agriculturist, labourer or domestic servant - Attachment of property during trial is immaterial if that party is then qualified u/s 60(1)(c) CPC...........
Evidence Act, 1872, Section 59, 60, Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor - Proof of age - Consent decree - Challenged on the ground that it was passed on the basis of admission by a minor - Oral evidence - Held, same is hardly of any consequence in the absence of production of the birth entry, from the office of the Registrar (Birth and Death) or from the..........
Civil Procedure Code, 1908, Section 60(i)(ccc) -- Execution - Only residential house - Exemption from attachment - Objection as to - To be decided at the first instance before proceeding with the sale of property - Proceedings without deciding the objections are non-est in the eyes of law and deserve to be set aside...........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Dwelling house - Exemption from attachment - Provision is applicable to money decrees only when dwelling house is not charged specifically and not when execution is made by delivery of the property decreed...........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Dwelling house - Exemption from attachment - Decree of specific performance - Sale deed executed on intervention of Court - Execution for possession - Exemption from attachment of dwelling house is not available when decree is executed for delivery of property decreed...........
Civil Procedure Code, 1908, Section 60 -- Execution - Exemption from attachment - Gratuity, provident fund, insurance and other compulsory deposits of the deceased employee - Cannot be attached, unless the same is actually received by the judgment-debtors...........
Civil Procedure Code, 1908, Section 60 -- Pension and gratuity - Retain their character as such even when received by J.D. and cannot be attached in execution of a decree...........
Civil Procedure Code, 1908, Section 60(1)(c), Order 33, Rule 1 -- Indigent person - Permission to sue - For determining the issue concerning `indigent person' the property which is exempt from attachment and the subject of suit is not to be taken into consideration...........
