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B. V. L. N. CHAKRAVARTHI
Divisional Manager, United Indian Insurance Company Limited – Appellant
Versus
Y. Ranga Reddy, S/o. Chinnapa Reddy – Respondent
| Table of Content |
|---|
| 1. execution petition for attachment granted. (Para 1 , 2) |
| 2. debate over amount owed and tds. (Para 3 , 4 , 5) |
| 3. obligations regarding tds discussed. (Para 6 , 7) |
| 4. court's examination of tds regulations. (Para 8 , 9 , 10 , 11) |
| 5. responsibilities for tds defined. (Para 12 , 13) |
| 6. civil revision petition dismissed. (Para 14 , 15) |
ORDER :
This Civil Revision Petition is directed under Section 115 of the CIVIL PROCEDURE CODE , 1908 (for brevity ‘CPC’) against the Order, dated 04.07.2016 in E.P.No.5 of 2007 in O.P.No.445 of 2002 on the file of the I Additional District Judge, Anantapuramu, where under the execution petition filed under Order XXI Rule 43, 64 and 66 of CPC against 2nd Judgment - Debtor, for attachment of movable properties for realization of the decree amount, was ‘Allowed’.
2. The decree-holder filed E.P.No.5 of 2007 under Order XXI Rule 43, 64 and 66 of CPC for attachment and sale of the E.P., schedule movable properties belonging to the judgment-debtor No.2 i.e., the revision-petitioner herein, for recovery of a sum of Rs.5,44,607/- as due under the decree in O.P.No.445 of 2002.
3. The revision-petitioner, who is the 2nd respondent/ Judgment-Debtor No.2,
The central legal point established in the judgment is the need for Executing Courts to abide by the court's orders and await the final decision of the Larger Bench of the Court and the Hon'ble Supre....
TDS cannot be deducted from interest payable under a decree since the decree must be executed as it stands without statutory deductions where the decree itself does not provide for any.
Tax should not be deducted at source from compensation awarded under the Consumer Protection Act, regardless of the calculation method for compensation.
Decree holders cannot re-calculate interest after the decree has been satisfied, ensuring the appropriated amounts are first allocated to interest, then to costs, and lastly to principal under the es....
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