Civil Procedure Code, 1908, Section 51 -- Execution - Money decree - Inability of JDs to pay amount does not automatically result in civil imprisonment - Court is required to record a positive finding that JDs are intentionally evading to re-pay the amount despite resources...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Decree for payment of money - Provision of O.21.R.37 & S.51 CPC are mandatory - Before ordering civil imprisonment Court has to give an opportunity to J.D. to show cause as to why he should not be committed to prison...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is to record a positive finding as to fact that there is no possibility of satisfying decree except by way of arrest of JD - Merely because it appeared to Court that there is no possibility to satisfy decree, is not equivalent to `satisfaction' statutorily..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is required to issue a show cause notice calling upon JD with regard to payment of decretal amount, failing which JD was liable to be arrested...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Executing Court is required to record positive finding that there is no possible way to satisfy decree except by way of arrest - Merely because it appeared to Court that there is no possibility to satisfy Court is not equivalent to satisfaction required u/s 51 CPC and in..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention of JD - Before ordering detention in civil prison, Executing Court is required to record satisfaction that JD possesses sufficient means and he has neglected or refused to satisfy decree...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention of JD - Property was under dispute with JD`s own son, who challenged order of attachment and Court stayed execution proceedings - No material on record to show JD fetched any income from that property - Therefore, Court cannot arrive at satisfaction that JD..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 54 -- Execution - Attachment of property - Decree passed creating charge over property - Attachment of property in execution is not necessary - Decree holder is entitled to straight away proceed in execution for realization of the amount due by sale of the property...........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83, 51, 53 -- Jurisdiction of civil Court - Matters falling u/ss 51, 53 of Wakf Act are required to be decided by Tribunal and hence jurisdiction of Civil Court to decide such matters is barred by virtue of S.83 of Wakf Act...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Civil imprisonment - Merely because J.D. does not have any movable and immovable property he cannot be ordered to be detained in imprisonment...........
