Civil Procedure Code, 1908, Section 60(1)(i) -- Execution - Attachment of bank account - Plea that entire amount in the bank is salary and cannot be attached beyond permissible limit - Held, the moment amount is credited to the account it loses the character of salary and provision of S.60 (1)(i) CPC does not apply...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Suit of plaintiff decreed and liability of defendant stands established - There is every likelihood that defendant may evade execution of decree passed by Court, as previous conduct of defendant shows that even earlier he issued post dated cheques which were dishonoured and he was..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Execution - Impleadment of a party - Application U.O.21.R.97 CPC - Petitioner seeking impleadment on the basis of sale deed executed in his favour during pendency of application U.O.21.R.97 CPC filed by his vendor - However, decree for possession of immovable property can only be resisted or obstructed by a person who is in..........
Civil Procedure Code, 1908, Order 21, Rule 106(3) -- Execution petition - Dismissed in default - Restoration - Limitation - 30 days - Starting point of limitation is date of said order and not from date of acquiring knowledge about dismissal of execution petition...........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Money decree - Attachment - Undivided share of JD in HUF property - Can be attached in execution of decree...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Petition in writing by a person who is acquainted with the facts of the case and not necessarily by the very same person, who may have been authorized to institute the original suit proceedings - Held, execution petition is maintainable...........
Civil Procedure Code, 1908, Section 51, 55, 58, 151, Order 21, Rule 30, 41(3) -- Execution - Arrest and detention of judgment debtor - Money decree - Deliberate concealment of professional and business income despite specific directions of Court - J.D. incorrigible - J.D. tried every trick in the trade to delay and defeat the execution proceedings and also acted with bad..........
Civil Procedure Code, 1908, Section 37 -- Execution - Court which passed the decree has the jurisdiction to execute it...........
Family Courts Act, 1984, Section 7, Civil Procedure Code, 1908, Section 37 -- Jurisdiction of Family Court - Execution proceedings - Family Court has no jurisdiction to execute decree as expression `suit' or `proceeding' used in S.7 of Family Courts Act does not include execution proceeding - Bar contained in S.8 of Family Court Act therefore, not applicable - Execution..........
Family Courts Act, 1984, Section 8, Civil Procedure Code, 1908, Section 2(2), 38 -- Decree - Jurisdiction - Decree may be executed either by the court which passed it or by the court to which it is sent for execution - Decree passed by Civil Court cannot be sent for execution to Family Court...........
