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Results of furnish security

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KERALA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Petition falls completely short of standard set in O.38.R.5 CPC - Court not obliged to direct defendant either to furnish security or to show cause why he should not furnish security...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Claim of plaintiff is based on promissory note - Acute financial embarrassment is being faced by defendant, as three loans having been availed from three different quarters running into enormous amount after date of execution of promissory note - There are thus, reasonable grounds..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Order 37, Rule 5 -- Recovery suit - Commercial transaction between parties - Suit is pending and defendants have not yet filed their written statements disclosing their defence - Trial in the suit on merits is yet to commence - Any observations made by Supreme Court on facts would cause prejudice to rights of parties while prosecuting suit on..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(3A) -- Secured loan - Default in payment - Provision of S.13(3-A) of the Act providing communication of reasons by creditor for not accepting representation/objection of debtor and requirement to furnish reasons for the same is mandatory...........

JAMMU AND KASHMIR HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Loan amount - Plaintiff bank seeking recovery of huge amount exceeding Rs.4 crores - Conditional order of attachment of hypothecated stocks and mortgaged properties to take effect only if defendants failed to furnish security equal to value of suit of plaintiff - No prejudice..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Parole -- Not to be denied on mere generalization by recording that generally it has been seen that prisoners on release engage themselves in smuggling activities causing danger to security of country and that there is chance of recovery of contraband from them - Moreover, this can be ensured by asking prisoner to execute necessary bonds or furnish heavy surety that while..........

KERALA HIGH COURT

Year of decision: 2016
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(A), Criminal Procedure Code, 1973, Section 436(i) -- Bail - Indigent person - Recovery of small quantity of ganja - If person, who is detained, is indigent person, and is unable to furnish security, instead of taking bail from such person, Court shall discharge him on his executing bond without..........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 41, Rule 5(3)(5) -- Appeal - Stay application - Rejection of - Validity - Application for interim protection rejected in limine without granting any time to applicant either to deposit decretal amount or to furnish security - Held, had appellate Court fixed sometime limit, either to deposit decretal amount or to furnish security and..........

CHHATTISGARH HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 34, Rule 1 -- Suit for enforcement of mortgage - Preliminary decree passed in favour of bank - Non compliance of decree and decretal amount not deposited - To contest final decree proceedings Court directed defendant to furnish solvent security towards due satisfaction of claim of bank...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 55(3), (4) -- Arrest of judgment-debtor - Execution of decree - Duty of Court - Held, when a judgment-debtor is arrested in execution of a decree for payment of money and brought before Court, he shall be informed that he may apply to be declared an insolvent, and that he may be discharged if he has not committed any act of bad faith..........

Showing : 1-10 of 64 Results