Ashok Kumar Vs Manmohan Harjai
.... btor to show cause against committal in prison, and the court is satisfied that one or more of these exigencies applies, that execution of the decree by detention in prison can be ordered. 23. Clearly, therefore, Section 51 prescribes a very rigid protocol before enforcing execution of a s ...
Delhi High Court
Nagapati Vs Chief Executive Officer, Kundargi Seva Sahakari Sangh NI. Bharatanahalli, Narendra S/O. Chandrashekar Bhat
.... intentionally or with malafide intention having means to pay decree amount, failed to pay same, before ordering arrest warrant. Hence, it was contrary to ratio laid down in K Karunakar Shetty v. Syndicate Bank reported in AIR 1990 Kar. 1 and Jolly George Varghese and Anr. v. Bank of Cochin ...
Karnataka High Court At Bengaluru
Ebrahim.B.K Vs Kerala Gramin Bank
.... .P4 order was passed issuing warrant against judgment debtors to send them to civil prison. It is challenging the said order, the judgment debtors have filed this Original Petition. 3. I have heard Sri.Kodoth Sreedharan, the learned counsel appearing for the petitioners and Sri.Shashank De ...
High Court Of Kerala
Union Of India Vs Kamyab Television Pvt Ltd
.... is age old proverb that “Gentlemen keeps their words, and in case of non keeping of words, none may be deemed to be Gentlemen”. Though, none is to be condemned, without being heard. Hence, on this point, nothing more is needed, because Mr Thakur has been heard and he himself showed his inabilit ...
Telecom Disputes Settlement And Appellate Tribunal
Jeevan Singh Vs Jagdish
.... amount. It is submitted that an enquiry under Order 21 Rule 40 of CPC has to be conducted subject to provisions of Section 51 of CPC. Without conducting any enquiry in regard to capacity of payment of the petitioner to the decretal amount, by the impugned order, warrant of arrest for civil impri ...
Madhya Pradesh High Court (Indore Bench)
Hamsa P M Vs M/s Indusind Bank Ltd
.... nan, the learned counsel appearing for the petitioner. In the light of the limited relief that I propose to pass, I dispense with notice to the respondents. 4. On an evaluation of the pleadings and materials on record, it is seen that the court below has issued a warrant of arrest on 20.01. ...
High Court Of Kerala
M/s Peniel Cashew Company Vs M/s Ahcom Sarl
.... ction is for the purpose of the enforcement of the foreign award. The High Court concerned would then enforce the award by taking recourse to the provisions of Order 21 CPC”. 21. On a contemplation of the wordings in Sections 36 and 49 of the Act and the interpretation given by the Honourab ...
High Court Of Kerala
Addanki Sangaiah Vs Addanki Venakteswalu/Pedda Venkanna
.... n to a re-trial at the time of execution causing failure of realisation of fruits of decree and relief which the party seeks from the courts despite there being a decree in their favour. Experience has shown that various objections are filed before the Executing Court and the decree holder is de ...
High Court For The State Of Telangana:: At Hyderabad
N K Kamaludheen Vs Abdul Jaleel
.... for the respondent. 3. The bone of contention of the learned counsel appearing for the revision petitioner is that the execution court had not conducted any eqnuiry as contemplated under Order XXI Rule 37 of the Code of Civil Procedure, 1908 (in short, Code) before issuing the warrant of ...
High Court Of Kerala
G.S Sandhu & Anr Vs Geeta Aggarwal
.... gment debtor company therein to file the details of their personal assets. However, the aforesaid directions with regard to the directors filing affidavits of their personal assets was only in the facts and circumstances of the said case and was not the dicta of the said case. Therefore, the rel ...
Delhi High Court
Get In Touch With Us
We are here to help. Want to learn more about our services? Please get in touch, we'd love to hear from you!
