Court : Andhra Pradesh
Reported in : 2008(1)ALD309; 2007(6)ALT638
..... case of markapuram prasad (9th supra) is squarely applies to the instant case, as the court has only directed to issue warrant under order xxi rule 38 of the code to issue warrant for the arrest of the judgment debtor to bring him before the court if the amount has not been paid.in view of the aforesaid facts and circumstances of the case, i do not see any infirmity legal or otherwise in the impugned ..... warrant for arrest to direct judgment-debtor to be brought up : every warrant for the arrest of a judgment-debtor shall direct the officer entrust with its execution to bring him before the court with all convenient speed, unless the amount which he has been ordered ..... said case, no specific period for which, the judgment debtor should be kept in prison was mentioned and therefore, it was held that the executing court has not applied its mind and accordingly, the order of arrest which was made giving the time to pay the decreetal amount, failing which the judgment debtor would be arrested without any further enquiry was set aside.the learned ..... mada subbaraidu : 2005(2)ald105 , while considering the similar contention that the order of arrest does specified the period of detention and therefore it is bad in law; it was held that under order xxi rule 40 even after judgment debtor is brought before the court under a warrant, the executing court is empowered to leave the judgment debtor in the custody of an officer of the court for a specified period not exceeding fifteen days or .....
Tag this Judgment!Court : Mumbai
Reported in : (1883)ILR7Bom431
..... 37 of 1883, brought on the ordinary original civil jurisdiction side of the high court, under a warrant of arrest before judgment on the 3rd february, 1883, and had been since then undergoing imprisonment on the civil side of the jail; and be submitted that, under the provisions of the civil procedure code, ..... the provisions of the civil procedure code, a man cannot be detained in jail for more than six calendar months, whether he undergoes imprisonment under a warrant of arrest before or after judgment; and he concluded by praying that he might be released from jail.2. mr. ..... he stated that he had, however, been served with a warrant of arrest after judgment in the above mentioned suit on the 28th july last (which, we find was ..... , six months, which is imposed in section 481, terminates while the defendant is still detained under that section, and he is re-arrested in execution under section 336, the period of imprisonment which has elapsed since the decree must be counted, and when that period plus the new period amounts altogether ..... present case, the special period of limitation in the chapter on arrest before judgment, viz. ..... in question, that is, under section 481, although it has an independent origin, becomes, after decree, in every essential the same as arrest after judgment. ..... the obscurity is cleared up when this section 481 is read with section 478 and with the form of the warrant of arrest before judgment (no. ..... one of the sections of the chapter headed 'arrest before judgment'. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1968AP83; 1968CriLJ294
..... that no suit grounded on the summary proceedings of a collector under this regulation, either in the form of an original complaint against such collector, on account of any supposed injustice in conducting such proceedings, or of an appeal from his judgment, shall be received by any court of adalat, unless the plaint or petition is accompanied by the order referred to in clause second, section 14 of the regulation, remitting the party complaining to seek his redress in the courts of adalat ..... establishments, or any, other persons in their behalf, or on any assumed or pretended authority, have embezzled, or received bribes, or extorted money or other valuable consideration.it is also stated that collectors should have power to enforce the judgment they pass in such cases; and the commissioners to be appointed were to hear appeals from their decisions, because the regular courts cannot always dispose of them with expedition or without public inconveniences. ..... no warrant for a comparison of this procedure, as made by the learned government pleader, with that of arrest before judgment or arrest in execution of a decree. ..... similarly arrest of the judgment-debtor in execution of a decree is ordered among other conditions as provided in section ..... an arrest before judgment would be directed only when the court is satisfied that the defendant has absconded or is about to abscond from the local limits of the jurisdiction of the court or is about to leave india or that he has disposed of or .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD464; 1999(5)ALT755
..... yerukalaiah, 1986 (2) aplj 50 (sn), what has been held in this case is that the execution of the decree by way of arrest of judgment debtor who is declared as insolvent can be ordered even in the absence of leave of lnsolvency court if the execution proceedings were allowed earlier to the date of declaration and judgment debtor failed to avail protection under section 32 provincial insolvency act. ..... also invites my attention to the provision of section 23 of provincial insolvency act and argues that at the time of admitting insolvency petition or at any subsequent stage before adjudication the court has power to order the release of any judgment debtor if he has been arrested in execution of the any court for payment of money.section 23 reads as follows: '23. ..... release of debtor:--(1) at the time of making an order admitting the petition or at any subsequent time beforeadjudication, the court may, if thedebtor is under arrest or imprisonment in execution of the decree of any court for the payment of money, order his release on such terms as to security as may be reasonable and necessary'. ..... it is stated that the petitioner suppressing this fact, filed an application under order 21, rule 37 of cpc for arrest of the petitioner/judgment debtor and arrest warrant was issued in execution proceedings. ..... the petitioner/judgment debtor failed to appear in the court and arrest warrant was issued and he was arrested and produced on 1-5-1998 and was released on personal bond of rs.50,000-00. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker258; 1964CriLJ101
..... bullen, ilr 6 all 385 a warrant issued by a subordinate court, directing the nazir to arrest a judgment-debtor in execution of a decree, was entrusted by the nazir to a subordinate for execution by indorsing his ..... the conditions required by the clause has to be satisfied by the warrant issued for the arrest of the judgment-debtor which is also a process for the execution of the decree. ..... not intended that the 'proper officer' should himself execute all warrants sent to him and that there is nothing in the code which indicates in any way that warrants being either warrants of arrest or warrants of attachment or for distress and sale, are to be executed by the 'proper officer' in any manner different from the service of summonses.8. ..... , held that there is nothing in the civil procedure code to prohibit a nazir from authorising a deputy to execute a warrant of arrest for him, and that his indorsement must, be regarded as prima facie evidence of the authority of the person to whom the warrant is delivered, ..... the decree-holder had filed an execution -petition praying that for the realisation, of the decree debt from the judgment-debtor-accused he may be arrested and sent to the civil jail. ..... case it was contended that there was no order in writing by the munsiff that the judgment-debtor may be detained in the custody of the process peons it was held that order ..... all 692.it is, therefore, extremely doubtful whether the arrest of the judgment-debtor-accused by pw. ..... to arrest the judgment-debtor .....
Tag this Judgment!Court : Kerala
Reported in : AIR2001Ker1
..... that the plaintiff will or may thereby be obstructed or delayed in the execution of any decree that may be passed against the defendant in the suit, the court may issue a warrant to arrest the defendant and bring him before the court to show cause why he should not furnish security for his appearance. ..... 3124 of 1999 was also filed seeking arrest of the respondents before judgment in case they fail to furnish security for ..... it is well settled by decisions that an order of arrest before judgment is to be passed only where the plaintiffs are able to make out a prima facie case and on being satisfied of the ingredients with regard to possible abscondance or disposal of the properties with intent to delay ..... 6 aforementioned relates to attachment before judgment and only rules 2 and 3 relate arrest as prayed for by the plaintiffs ..... and denying the relief of arrest before judgment sought by the plaintiffs is the fact that ..... chooses to appear before the court or not is not material for deciding the question of arrest before judgment. ..... this provision is subject to the proviso that the defendant shall not be arrested if he pays to the officer entrusted with the execution of the warrant any sum specified in the warrant as sufficient to satisfy the plaintiffs' claim; and such sum shall be held in deposit by the ..... hand contended that the revision is not maintainable as the impugned order is not a case decided and that in any event there is no case made out for an order of arrest before judgment.3. .....
Tag this Judgment!Court : Chennai
Reported in : 84Ind.Cas.134
..... ten days before the filing of the present application notice was issued to the sureties, to show cause why execution should not be issued against them, that the judgment-debtor is still promising to find the amount due, that the sureties are persons possessing property, but that owing to the suddenness with which the application for execution against ..... these rules, where an application is for the execution of a decree for the payment of money by the arrest and detention in the civil prison of a judgment-debtor who is liable to be arrested in pursuance of the application, the court, may, instead of issuing a warrant for his arrest, issue a notice calling upon him to appear before the court on a day to be specified in the notice and show cause ..... two months; but it seems tome that this is a fit case for staying execution of the decree for one month, in so far as the decree-holder wants to arrest the sureties, in order to enable them to raise money and pay off the decree amount, and for allowing the decree-holder to proceed at once against immoveable properties by attachment and ..... have already pointed out, order xxi, rule 40 expressly gives the court power when the defendant comes before the court, either on notice or after arrest, and the only question is whether there is anything in the code, which prevents the court from exercising that power, when the defendant appears and ..... is made to arrest the judgment-debtor, to issue notice to him, to show cause why he should not be arrested. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1935Mad886; 158Ind.Cas.831
..... for instance, sub-clause (b) of section 95 provides for compensation being payable to a defendant against whom an arrest or attachment before judgment was obtained if the suit of the plaintiff ultimately fails and it appears to the court that there was no reasonable or probable ground for instituting the same. ..... in considering the provisions of the code relating to costs (section 35) or to damages for improper arrest or attachment before judgment (section 95), it does not seem to me right to deal with the general law relating to the circumstances in which a minor's estate can be made liable in respect of the acts of a guardian. ..... in a money suit instituted on behalf of a minor plaintiff by his mother as next friend, an arrest before judgment was obtained on allegations which have been subsequently found by the court not to have been justified. ..... it may ordinarily be presumed that in such a suit, the next friend is taking step to obtain an arrest or attachment before judgment, only in the supposed interest of the minor. ..... in the same way, when section 95 of the code is invoked, i do not think it is legitimate to canvass whether if a suit for damages is brought by a defendant aggrieved by a wrongful arrest or attachment, he could obtain relief against the minor plaintiff or not. ..... jagannadha das contends that taking the arrest to be improper, it was a tortious act of (he next friend and the court ought not to have awarded damages against the minor's estate in respect of such tortious act .....
Tag this Judgment!Court : Delhi
Reported in : 2000IIAD(Delhi)361; 83(2000)DLT284
..... the warrants provided that the judgment debtor was not to be arrested in case he deposited the balance decretal amount ..... the warrants of arrest remained unexecuted as the office report was that judgment debtor had left the address. 5 ..... warrants of arrest against judgment debtor no. ..... vide order dated 11.7.1997, fresh warrants of arrest for detention of judgment debtor no. ..... on 19.12.1990 warrant of arrest of mr.narender kumar, judgment debtor no. ..... on 15.7.1985, the statement of shri narender kumar, judgment debtor, was recorded to the effect that he did not own any immovable property and was carrying on business of auto bulbs from his residence ..... the statement of account filed by the decree holder shows that judgment debtors have paid a total sum of rs. ..... the decree holder, bank of india, had filed this execution petition against the judgment debtors for recovery of the sum of rs. ..... bailable warrants to ensure presence of the judgment debtors were also issued. ..... the decree holder has so far failed to furnish the fresh address despite numerous opportunities given and the warrant of arrest ordered on 19.12.1990 has remained unexecuted. ..... the subsistence allowance and other formalities for issue of warrant of arrest were completed only by march, 1994. ..... the assets of the judgment debtors in the factory were also attached and sold and the proceeds of rs ..... appearance was entered on behalf of the judgment debtors by shri s.p. ..... decree holder was then directed to furnish the fresh address of the judgment debtor no. .....
Tag this Judgment!Court : Chennai
Reported in : 49Ind.Cas.20
..... the 2nd defendant was brought under, the machinery of order xxxviii of the code of civil procedure, because an application was taken against him for his arrest before judgment on the ground that he was absconding from the local limits of the court, and there-upon in accordance with the procedure sett out in order xxxviii, rules 1 and 2, he was brought before the ..... 187: 34 m.l.j 84, im-moveable property, not money, had been given as security by the judgment-debtor as a condition of his appeal and it was held that the successful decree-holder could realize the decree without bringing a separate suit for the purpose of realizing the security, and of ..... reaffirmed by this court on a specific reference to order xxxviii, rule 5, which relates to attachment of property before judgment in order to prevent the disposal of the property by the defendant, in errikulappa chetty v. ..... got leave to defend an action under order xiv summary judgment) on terms that she brought into court 500. ..... of the civil procedure code (summary proceeding in this country on negotiable instruments), the amount paid into court must be regarded as earmarked to the action of the plaintiff and, in the event of success, the judgment amount must be regarded as being charged upon it.4. ..... it is clear that attachment before judgment of property under order xxxviii, rule 5, does not pass any title to the person at whose instance it is attached: but its effect merely is to prevent alienations on the part of the person whose .....
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