Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD had specifically stated that he had never caused any obstruction or hindrance in execution proceedings - Attachment of property was already effected and perusal of previous orders reveals that earlier sale warrants were also issued but could not be..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Before ordering detention of JD for execution of decree Court has to conduct enquiry as mandated U.O.21.R.40 CPC r/w S.51 CPC by recording a finding as to means of JD to satisfy the decree...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Burden is on DH to satisfy Court that JD despite having means to pay decreetal amount has failed to discharge liability under decree for Court to order for civil imprisonment - Order of civil imprisonment for not satisfying decree should be the last resort, as the same..........
Civil Procedure Code, 1908, Section 51 -- Execution - Decree to demolish house - Executing Court has all the powers within provision of S.51 CPC to determine all questions relating to and including identity of structures which were the subject matter of decree - These powers can be exercised in various manners by executing Court including by appointing a Commissioner,..........
Civil Procedure Code, 1908, Section 51(c), Order 21, Rule 21, 30 -- Execution - Money decree - There is no bar in law to proceed simultaneously against the person and property of JD in execution of a decree...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree against Company - There is no provision in CPC which provides for execution of a money decree against JD Company by effecting arrest and detention of its employee, Director or General Manager...........
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...........
