Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Attachment - Objections - Execution of decree for execution of registered sale deed - There is no attachment of property - Application U.O.21.R.58 CPC, not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4, Civil Procedure Code, 1908, Order 38, Rule 5 -- Temporary injunction - Filing of petition for attachment of same property and seeking temporary injunction prohibiting alienation of property - Intention to file two applications simultaneously is only to cause embarrassment and inconvenience - Order vacating injunction,..........
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Dismissal of application - A case is made out for an order of attachment U.O.38.R.5 CPC - Documents now placed before High court, were not produced before trial Court - Case remanded back for decision of application afresh and petitioners are at liberty to produce said documents..........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - Order of recovery of Rs.1 lakh from surety - Appellant is poor farmer of remote village - Nothing on record to show that appellant has not made sincere endevaours to trace and produce accused before Court - It would be onerous for appellant to deposit entire amount of Rs.1 lakh which if not paid his..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Vehicles mentioned in application were hypothecated with finance company - Plaintiff could not satisfy as to how hypothecated vehicles in the absence of finance company being one of defendants could be attached before judgment - Even otherwise, value of subject vehicles has not been specified..........
Civil Procedure Code, 1908, Section 60(1)(g), Pensions Act, 1871, Section 11 -- Arrears of maintenance - Attachment of pension - Maintenance allowance granted to wife cannot be considered as debt and she is not a creditor - Pension of husband thus, cannot be exempted from attachment towards payment of maintenance as provided u/s 60(1)(g) CPC and S.11 of Pension Act...........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Custody of child - If mother or father who is seeking custody of minor does not have attachment with child in real sense, it will discourage Court to direct handing over custody to them...........
Civil Procedure Code, 1908, Order 21, Rule 89, 90, 106 -- Auction sale - Setting aside - JD contended that he was not aware of decree as trial Court passed ex parte decree against him - However, Advocate was appointed by JD who filed vakalatnama and also filed written statement and counter in petition seeking attachment of property - Even, contention of JD that he was not..........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Recovery suit - Property offered as a security is inadequate and less than 1/3rd of suit claim - Order of attachment of property before judgment is proper...........
Agreement to sell -- Specific performance - Post dated cheque issued towards part payment - Cheque returned as `payment stopped by attachment order' as there was raid conducted by IT Department and bank account was attached - Cheque was not returned for the reasons of insufficient funds in the bank account - Cannot be said a worthless cheque issued towards part sale..........
