Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Partition suit - Receiver cannot be appointed in respect of properties already alienated by Karta or any of the coparceners - Receiver can only be appointed with regard to properties in the possession or management of Karta of the family...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Suit for declaration and possession - Defendant-Bank had sanctioned overdraft facility to plaintiff against security of vehicle - As plaintiff did not make payment as per overdraft agreement, defendant took over possession of vehicle and disposed it off after receiving consideration from purchaser -..........
Civil Procedure Code, 1908, Order 40, Rule 1(a) -- Receiver - Appointed during pendency of Litigation - Duties and purpose of - Acts on behalf of Court and is expected to protect the property - Court is bound to hand over possession of property to successful party in the condition it has taken over management of the property - Encroachment on property while it was in..........
Civil Procedure Code, 1908, Order 40, Rule 1, 3 -- Application for appointment of Receiver - Serving judicial officer should not be appointed as receiver by any Court of Law in interest of justice and fair play...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Application for appointment of receiver - Ascertaining of right of the party - Mandatory - Dispute as to right of parties to have share in management and income of temple - Application for interim injunction - Trial Court ought to decide first injunction application - Appointment of receiver straightaway by trial Court..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment of receiver is considered as one of the harshest remedies and is allowed only in extreme cases and in circumstances where the interest of person seeking the appointment of receiver is exposed to manifest peril - Protection of properties and safeguarding the rights of the parties are the twin objectives..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Suit for dissolution of partnership - Particulars not given as to property being in danger of being wasted, damaged, transferred or alienated - Respondent looking after business of firm for a pretty long time - No case for appointment of receiver is made out...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Not to be appointed as a matter of course - As it is a harsh remedy, discretion must be exercised with care and caution - An order of appointment of receiver should not be made where it has the effect of depriving of a party defacto possession which it may cause irreparable loss...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Partnership firm - L.R's of deceased partner, who died during pendency of suit, seeking appointment of receiver - L.R's are non-partners of the firm - Receiver cannot be appointed at the instance of non-partners...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Partnership firm - Receiver - Provision can be applied to partnership firms - For just and convenient reasons Court can appoint a Receiver - Before ordering the appointment of Receiver it is obligatory upon the plaintiff to show a good prima facie case to justify the appointment of Receiver - Where the defendant in a suit for..........
