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Showing posts with label attachment of property. Show all posts
Showing posts with label attachment of property. Show all posts
Thursday, 23 May 2024

Whether executing court can pass an order of attachment of Residential premises/home in execution of claim petition award?

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Learned counsel seeks to contend that a procedure prescribed for enforcement of process against land must be understood as a procedure that ...
Saturday, 9 April 2022

What is distinction between attachment of property and charge over property?

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 12  We take this opportunity to explain the effect of attachment and  also the effect of charge. In Mulla's Civil Procedure Code, 8th E...
Friday, 27 August 2021

Whether Revenue is entitled to attach properties of Private Trust to recover dues of trustees?

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  The controversy then remaining in the present Petition is whether the Revenue is entitled to attach the properties belonging to a Private ...
Sunday, 23 August 2020

Questions and answers on law part 11

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Q When bail is rejected by Magistrate,under which provision,it can be challenged before session court? Ans:- If bail application is reject...
Friday, 24 July 2020

Under which circumstances the court can lift attachment from immovable property of proclaimed offender prosecuted for the dishonour of cheque after passing of two years?

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The scope of Section 83 Cr.P.C is to attach the property of a person who is absconding or concealing himself defying warrant against him. ...
Saturday, 27 October 2018

Whether it is necessary to hear judgment debtor prior to attachment of household goods?

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 Having regard to the contention of the appellant and the facts and circumstances of the case, in our considered view, the Executing Court...
Saturday, 25 August 2018

Whether property of mother in law can be attached for recovery of maintenance granted to wife?

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 Maintenance of a married wife, during subsistence of marriage, is on the husband. It is a personal obligation. The obligation to maint...
Tuesday, 17 October 2017

Whether defendant can be made liable to pay mesne profits for land which was under court attachment?

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The fourth contention deserves consideration. The definition of mesne profits as given in  the Code of Civil Procedure,  Section 2 , Sub-S...
Saturday, 24 June 2017

Whether bank is liable for payment of compensation for wrongful attachment of property?

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  Given the above narration of facts, we are satisfied that the action of the Bank touted as a “mistake”, was not a genuine mistake but w...
Sunday, 5 March 2017

Precaution to be taken by court while passing order for attachment of property for disobedience of injunction order

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The penalty imposed by the trial Court reads as hereunder: "The opp. Parties are hereby found guilty of disobedience of status quo ...

Whether person disobeying injunction order can be detained in civil prison as well as his properties can be attached?

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  Hence the words "and may also" in Rule 2-A cannot be interpreted in the context as denoting to a step which is permissible on...

When property attached for breach of injunction order should not be sold?

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The only question, which arises for consideration in this revision is whether on the facts and circumstances of this case, the attached pr...
Tuesday, 5 July 2016

Supreme court: Government official’s illegal assets can not be attached if he’s dead

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NEW DELHI: Disproportionate assets amassed by a government official cannot be attached from his family members if the officer dies during...
Saturday, 14 May 2016

Whether person in whose favour agreement of sale is executed can file objection to attachment of property?

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 Though an agreement to sell does not create any title in an immovable property as understood by Section 54 of the Transfer of Property Ac...
Saturday, 30 April 2016

When court can issue order of attachment of property of absconding person along with proclamation U/S 82 of crpc?

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  Moreover, in order to issue an order of attachment of property of a person absconding under Section 83 of the Cr.P.C., the Court issu...
Saturday, 9 January 2016

Whether court can execute decree by attachment of properties situated outside its territorial jurisdiction?

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The order deputing Special Bailiff to execute the warrant of attachment of movables, purporting to be in exercise of the power under Rule 2...
Wednesday, 5 August 2015

What remedy is available if mortgaged property is attached as per provision of Maharashtra co-operative societies Act?

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The question still arises, as to what remedy respondent No. 4 would  9 WP3511/2011 avail if she believed that the auction sale was tainted ...
Monday, 19 August 2013

Third person's property can not be attached in execution merely on the basis of the vague and general statement of DH

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 I am inclined to observe that the Defendants   residence   or     address   that   itself     cannot   be   the foundation to attach mov...
Monday, 4 February 2013

Whether Interest of tenant in non-residential premises is attachable and saleable in execution of decree against him?

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 Tenant's right to remain in occupation of the non-residential premises governed by the Maharashtra Rent Control Act, 1999 is a proper...
Friday, 11 May 2012

Basic principles for attachment of property under CRPC

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"The procedure laid down under Section 83 has to be followed strictly. Jurisdiction to pass an attachment order cannot be assumed unles...