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 :
- Court on application of decree holder execute attached decree and appropriate proceeds to satisfy decree
- 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
- Court shall proclaim withdrawal of attachment at the cost of judgement debtor
- Court can continue attachment if execution is dismissed
[4/18, 09:18] Cpc G. Surya Narayanan Mhc Advt: 1. Order 21 rule 53(2) - Order 21 rule 53(6)
- Order 21 rule 54(1)
- Order 21 rule 55
- Order 21 rule 57(1)
[4/19, 07:01] Cpc G. Surya Narayanan Mhc Advt: Quote provision for the situation: - Court to determine property is not liable for attachment
- No separate suit will lie for determination of adjudication of claim over attachment
- When claim is refused to be entertained shall be final, suit to establish right maintainable
- Sale of property can be stayed on such condition pending decision on such claim petition
- Court can order sale of such property sufficient to satisfy decree
[4/19, 08:51] +91 98846 70187: 1. Order 21 Rule 58(1) - Order 21 Rule 58(2)
- Order 21 Rule 58(5)
- Order 21 Rule 59
- Order 21 Rule 64
[4/19, 08:58] Cpc G. Surya Narayanan Mhc Advt: 1. Order 21 rule 58(1) - Order 21 rule 58(2)
- Order 21 rule 58(5)
Air 1966 sc 1068
2015(5) SCC 588 - Order 21 rule 59(b)
- Order 21 rule 64
2006(3) scc 49
[4/20, 07:18] Cpc G. Surya Narayanan Mhc Advt: Quote provision for the situation: - Court shall pay the amount realised from sale to the party entitled under the decree
- Sale to be conducted by officer of court or authorised person by public auction
- Proclamation of intended sale shall be made in the language of court
- Proclamation can be made only after notice to parties in execution
- 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 - Order 21 Rule 65
- Order 21 Rule 66(1)
- Order 21 Rule 66(2)
- Order 21 Rule 66(2)(e)
[4/20, 07:45] Cpc G. Surya Narayanan Mhc Advt: 1. Order 21 rule 64 - Order 21 rule 65
2006(1)SCC65; 2007(5) scc 745 - Order 21 rule 66(1)
- Order 21 rule 66(2)
- 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:
- Proclamation shall be published in gazette or in local newspaper or both
- Sale can be made only after fifteen days notice to judgement debtor
- When sale takes place within court premises adjournment can be made only with leave of court
- Purchaser defaulting shall bear cost for resale
- Decree holder can bid or purchase with express permission of court
- When decree holder purchases, the amount of decree shall be the purchase money
- Only with leave of court, mortgagee can purchase property
- No officer or person connected with sale can bid or purchase property
- No irregularity in publishing or conduct of sale of movable property shall vitiate sale
- Court can order vesting of property purchased in auction