Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58, Transfer of Property Act, 1882, Section 53 -- Attachment before judgment - Property already sold before attachment which was further sold to claimant - On objection by claimant U.O.21.R.58 CPC attachment lifted - Plaintiff alleged sale deed to be result of collusion and that it..........
Civil Procedure Code, 1908, Order 38, Rule 5, 8, 10, Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment before judgment - Objections to attachment before judgment have to be determined U.O.38 itself and not by recourse to O.21.R.58 CPC - Requirements and limitations of O.38.Rr.5 & 10 are relevant for such consideration...........
Civil Procedure Code, 1908, Section 11, Transfer of Property Act, 1882, Section 53, Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Contention of fraudulent transfer/s 53 TPA in a claim for property attached before judgment is not hit by S.11 Expln.IV when such claim is allowed on the ground of transfer having taken place before order of..........
Criminal Procedure Code, 1973, Section 432 -- Remission of sentence - On occasion of Independence Day, under the orders of Govt., special remission granted to life prisoners who have undergone sentence actual of 7 years and total 10 years - Petitioner fulfilled conditions, but denied benefit of order on the ground that he was originally awarded sentence of death, though..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Unless the judgment of acquittal tends to be perverse or unless the inferences drawn in the acquitting judgment were not at all reasonable, possibly the acquittal should not be upset...........
Medical negligence -- Expert evidence - Surgery - Left leg femur - From the evidence of the expert which is produced by the appellant himself, it is proved that there was no negligence in the treatment as well as in the course of operation which was conducted by the doctor - No evidence produced by the appellant to prove his allegation that he had paid Rs. 29,200 on his..........
Civil Procedure Code, 1908, Section 96 -- First appeal - First appellate Court is required to reappraise the testimony of witnesses examined for arriving at a conclusion as to whether the findings recorded by trial Court was legally correct or not - Without doing so first appellate Court wrongly proceeded to hold that defendants have not been able to establish their case -..........
Service -- Termination - Appointment on probation - Confirmed on successful completion - Termination - Tribunal set aside the order - Same upheld by Single Judge - Division Bench set aside the order - Held, Division Bench was not justified in setting aside the order - Single Judge correctly upheld the judgment of Tribunal upon examining the matter in detail - Appellant..........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment - Court has to record reasons before ordering attachment before judgment even when defendant fails to comply with order/notice issued by the court to furnish security within time stipulated - Recording of reasons by Court is mandatory...........
Civil Procedure Code, 1908, Order 38, Rule 5, 6 -- Attachment before judgment -Tow conditions precedent are : that the defendant is about to dispose of whole or any part of his property and defendant is about to remove the property from local limits of jurisdiction of the Court - Even when such prima facie case is proved, an order of attachment cannot be straightaway..........
