Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Arrest and detention of J.D. - Without giving a positive finding as regards means of J.D. to pay decree debt and his wilful negligence and refusal to pay the same, arrest and detention of J.D. is not legal...........
Civil Procedure Code, 1908, Section 51(c) -- Money decree - Execution - No demand and no refusal of payment of decretal amount - Order of arrest set aside...........
Civil Procedure Code, 1908, Section 51, 55 -- Money decree - Detention in prison - Judgment debtor to be afforded an opportunity of showing cause - Court is required to record reason in writing for satisfaction of the grounds mentioned therein - On failure to establish one of such grounds on which reliance is placed, order detaining the judgment debtor in prison cannot be..........
Civil Procedure Code, 1908, Section 51 -- Proviso - Execution - Arrest & detention - Money decree - Any of the three conditions in proviso to S.51 CPC is to be fulfilled - In a decree for maintenance presumption ought to be drawn that the husband had means to pay the amount decreed at the time of judgment and continues to have the same means...........
Civil Procedure Code, 1908, Section 51, 58, Order 21, Rule 38 -- Execution - Arrest & detention - It is for the D.H. to prove that J.D. has sufficient means and is wilfully with malafide intention refusing to pay decretal amount...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Arrest and detention of judgment-debtor - Cannot be ordered unless one of the conditions specified in Proviso to Section 51 satisfied...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37, 40 -- Court can secure presence of judgment-debtor, if necessary by issuance of warrant of arrest - Order 21 Rule 40 and Section 51 come into operation after Court wants to send judgment-debtor to civil prison for the reason that decree had remained unexecuted - Contention that warrant of arrest of judgment-debtor..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Arrest and detention of judgment debtor in prison in execution or enforcement of decree - Made subject to certain conditions and limitations prescribed in Proviso to Section 51 and Order 2L Rule 37 - Execution of decree for payment of money by detention of judgment-debtor in prison - Not to be ordered unless..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37, 38, 39, 40 -- Has the means to pay - To be decided irrespective of the offer to pay instalments...........
Civil Procedure Code, 1908, Section 51 -- Execution of money decree by arrest and detention - Either of the conditions in the proviso of S.51 CPC is to be fulfilled...........
