Attaching Decree Holder - Law Dictionary Search Results
Home Dictionary Name: attaching decree holderAttaching decree-holder
Attaching decree-holder, An attaching decree-holder is a representative of the judgment-debtor and any previous decision binding on the judgment-debtor is also binding on the attaching decree-holder, Ram Sewak v. Bahal, AIR 1935 All 888; Radharani v. Binodamoyee, AIR 1942 Cal 92....
Decree-holder
Decree-holder, means any person in whose favour a decree has been passed or an order capable of execution has been made. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (3)]...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
Same suit
Same suit, enable the party to obtain incidental reliefs in the suit, but not relating to the execution of the decree. Decree-holder has to approach appropriate court by filing separate application to execute the decree, Balasa Sarada w/o Seethapathi v. Talluri Anasuyamma, AIR 2007 AP 130....
Creditor
Creditor [Lat.], one who trusts or gives credit, correlative to debtor. A creditor is entitled totake out letters of administration if there be no next of kin, or the next of kin will not. And see BANKRUPTCY, ADMINISTRATION OF ASSETS, and COMPANY.(ii) includes a decree-holder, 'debt' includes a judg-ment-debt, and 'debtor' includes a judgement-debtor. [Provincial Insolvency Act, 1920, s. 2 (1) (a)]In relation to a bankrupt, means a person to whom any of the bankruptcy debts is owed, being, in the case of an amount falling within the Insolvency Act, 1986, s. 382(1) (c) Halsbury's Laws of England, Vol. 3(2), para 84, p. 52.Includes all creditors who may assent to, or take the benefit of, a deed of arrangement Deeds of Arrangement Act, 1914, s. 30(1) (UK) Halsbury's Laws of England, Vol. 3(2), para 830, p. 444....
Ubhaya badinkara
Ubhaya badinkara, in Oriya term when it occurs in a petition made by a decree-holder and the judgment-debtor must be held to mean 'both parties', Sanasinthi Satrughano Patro v. Kotini Ignesh Mahapatra, AIR 1945 Pat 280....
Debt
Debt [fr. debitum, Lat.], a sum of money due from one person to another. An action of debt lay where a person claimed the recovery of a liquidated or certain sum of money affirmed to be due to him; and it was generally founded on some contract alleged to have taken place between the parties, or on some matter of fact from which the law would imply a contract between them. This was debt in the debet, which was the principal and only common form. There is another species mentioned in the books, called debt in the detinet, which lay for the specific recovery of goods, under a contract to deliver them. An action of debt as a technical term is now obsolete. See PLEADINGS. The order of the payment of debts and expenses out of legal assets in an ordinary administration action in the Chancery Division of the High Court is as follows:-1. Funeral expenses, which in the case of an insolvent estate must be strictly reasonable and necessary only, the executor or administrator being personally liabl...
Tenant
Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a resi...
Such court
Such court, 'Such Court' means in the context of that rule the Court in which the suit is pending. In other words, the suit must be one not only pending in that Court but also one against the holder of a decree of that Court, Shaukat Hussai alias Ali Akram v. Bhuneshwari Devi, AIR 1973 SC 528 (532): (1972) 2 SCC 731: (1973) 1 SCR 1022. (C.P.C., 1908, O. 21 R. 29)(ii) The words 'such Court' used in s. 195(1)(c) mean the very Court before which a party to a proceeding in that Court has produced or tendered in evidence a document in respect of which the offence is alleged to have been committed. Clause (c), means that it is that Court before which there is a proceeding and a party to such a proceeding is said to have committed an offence in respect of a document produced or tendered in evidence by him, on whose complaint the offence can be taken cognizance of, Nirmaljit Singh Hoon v. State of West Bengal, AIR 1972 SC 2639 (2651): (1973) 3 SCC 753: (1973) 2 SCR 66. [Criminal PC, (5 of 1898...
Attachment
Attachment, in relation to building, includes lamps, brackets, pipes, electric lines and apparatus required for street lighting purposes, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 400, Note 3, p. 291.Attachment means prohibition of transfer, conversion, disposition or movement of property by an order issued under Chapter III. [Prevention of Money-Laundering Act, (15 of 2003), s. 2(d)]A process from a Court of Record, awarded by the judges at their discretion on a bare suggestion, or on their own knowledge, against a person guilty of a contempt, who is punishable in a summary manner. Contempts may be thus classed. (1) Disobedience to the King's writs; (2) Contempt in the face of a Court; (3) Contemptuous words or writings concerning a Court; (4) Refusing to comply with the rules and awards of a Court; (5) Abuse of the process of a Court, and (6) Forgery of writs, or any other deceit tending to impose on a Court, Leach's Hawk. P. Cr., c. 22, s. 33. The issue of writs of attachm...
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