Cpc G. Surya Narayanan Mhc Advt: Section 51, order 21 rule 37 & 40

[4/17, 20:50] Cpc G. Surya Narayanan Mhc Advt: Section 51, order 21 rule 37 & 40

*Subrata Roy Sahara vs Union of India *

2014(8) SCJ 240

Provisions of CPC not applicable to enforcement of orders under SEBI Act- Even otherwise , three different preconditions contemplated in proviso to Section 51 were satisfied before ordering arrest and detention of contemnor- equally reliance upon rule 37 & 40 misplaced- orders under contempt executed by Apex Court under Article 129 & 142 of Constitution

Order 35 rule 5, section 11

*Purushottam Das Tandon (D) by Lrs vs Military Estate Officer & others *

2014(8) SCJ 174

Inter- pleader suit by tenant against union and appellant to determine right to collect rent- right of appellant confirmed in second appeal and SLP dismissed- held, issue of title kept open in second appeal confining decision for receipt of rent – relief in writ for mutation and permission for construction not directly and substantially the same
[4/18, 07:38] Cpc G. Surya Narayanan Mhc Advt: Quote provision for the situation :

  1. Court on application of decree holder execute attached decree and appropriate proceeds to satisfy decree
  2. No payment by judgement debtor after notice shall be recognised till attachment is in force

3 court shall prohibit transfer or charge on immovable property under execution

  1. Court shall proclaim withdrawal of attachment at the cost of judgement debtor
  2. Court can continue attachment if execution is dismissed
    [4/18, 09:18] Cpc G. Surya Narayanan Mhc Advt: 1. Order 21 rule 53(2)
  3. Order 21 rule 53(6)
  4. Order 21 rule 54(1)
  5. Order 21 rule 55
  6. Order 21 rule 57(1)
    [4/19, 07:01] Cpc G. Surya Narayanan Mhc Advt: Quote provision for the situation:
  7. Court to determine property is not liable for attachment
  8. No separate suit will lie for determination of adjudication of claim over attachment
  9. When claim is refused to be entertained shall be final, suit to establish right maintainable
  10. Sale of property can be stayed on such condition pending decision on such claim petition
  11. Court can order sale of such property sufficient to satisfy decree
    [4/19, 08:51] +91 98846 70187: 1. Order 21 Rule 58(1)
  12. Order 21 Rule 58(2)
  13. Order 21 Rule 58(5)
  14. Order 21 Rule 59
  15. Order 21 Rule 64
    [4/19, 08:58] Cpc G. Surya Narayanan Mhc Advt: 1. Order 21 rule 58(1)
  16. Order 21 rule 58(2)
  17. Order 21 rule 58(5)
    Air 1966 sc 1068
    2015(5) SCC 588
  18. Order 21 rule 59(b)
  19. Order 21 rule 64
    2006(3) scc 49
    [4/20, 07:18] Cpc G. Surya Narayanan Mhc Advt: Quote provision for the situation:
  20. Court shall pay the amount realised from sale to the party entitled under the decree
  21. Sale to be conducted by officer of court or authorised person by public auction
  22. Proclamation of intended sale shall be made in the language of court
  23. Proclamation can be made only after notice to parties in execution
  24. Proclamation shall contain all details to inform purchaser about nature and value of property
    [4/20, 07:44] +91 98846 70187: 1. Order 21 Rule 64
  25. Order 21 Rule 65
  26. Order 21 Rule 66(1)
  27. Order 21 Rule 66(2)
  28. Order 21 Rule 66(2)(e)
    [4/20, 07:45] Cpc G. Surya Narayanan Mhc Advt: 1. Order 21 rule 64
  29. Order 21 rule 65
    2006(1)SCC65; 2007(5) scc 745
  30. Order 21 rule 66(1)
  31. Order 21 rule 66(2)
  32. Order 21 rule 66(2) (a) to (e)

2015(2) SCC 46; 2004(4) SCC 441; 2007(13) SCC 113; 1993(4) SCC 414
[4/21, 07:40] Cpc G. Surya Narayanan Mhc Advt: Quote provision for the situation:

  1. Proclamation shall be published in gazette or in local newspaper or both
  2. Sale can be made only after fifteen days notice to judgement debtor
  3. When sale takes place within court premises adjournment can be made only with leave of court
  4. Purchaser defaulting shall bear cost for resale
  5. Decree holder can bid or purchase with express permission of court
  6. When decree holder purchases, the amount of decree shall be the purchase money
  7. Only with leave of court, mortgagee can purchase property
  8. No officer or person connected with sale can bid or purchase property
  9. No irregularity in publishing or conduct of sale of movable property shall vitiate sale
  10. Court can order vesting of property purchased in auction

Leave a Reply

Your email address will not be published. Required fields are marked *

Call Now ButtonCALL ME