Disclosure Orders on First Date in Execution Applications

Court of Appeal Putrajaya

(4) In the case of a writ for the levy of property, the affidavit in support: (a) must state the amount payable under the judgment, together with any costs and interest payable in relation to the judgment, as at the date of swearing of the affidavit, and (b) must state the address or addresses ... In the event of material non-disclosure, an ex parte order may be discharged. ... Allam and Others [2016] 327 ALR 595 that the failure of disclosure is ordinarily sufficient....

Bombay

In the format of without notice orders, especially in intellectual property matters, that we follow in this court, some aspects are notable. First, that such without notice orders are always time-limited. There is a fixed date and the order in question is said to continue only until that date. ... In other words, the order has an in- built auto-expiry. On that date, it must be continued by the court, or it lapses. ... make; iii) Full disclo....

2024 0 Supreme(Bom) 540

In a money suit, the Court must invariably resort to Order 21 Rule 11, ensuring immediate execution of decree for payment of money on oral application. 42.7. ... The Executing Court must dispose of the execution proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay. 42.13. ... All Courts dealing with suits and execution proceedings shall mandatorily follow ....

The application appears to have been made by the respondent's proctor in the ordinary course of business, thinking everything was in order, but even after he had made it the Fiscal assured the execution-creditor's manager that the date of sale had not been fixed. ... The purchaser appealed against this order. Bawa, for first respondent, appellant. Dornhorst, K.C., for petitioner, respondent. Van Langenberg, for Fiscal, second respondent. Cur. adv. vult. 18th November, 19....

The inevitable result is that section 347 has no application whatever in the circumstances of this case because that section applies only when there must be application made for execution and when that application is made after more than a year has elapsed from the date of the decree. ... With this motion they submitted an application for execution in the form prescribed by section 224 of the Civil Procedure Code. The District Judge made or....

High Court Malaya Kuala Lumpur

[26] First, if the sealing order is indeed an accepted part of our civil procedure (see [21] above) and if there is indeed no statutory basis for it (see [22] above), then it must necessarily follow that the court has the inherent power to grant a sealing order. ... Donovan [2021] 2 RCS 75, which held, amongst others, that these three prerequisites must be met before a protective order can be issued: A. ... [2] In order to better understand the nat....

2025 Supreme(HK)(HKFC) 160

Disclosure of Family Court documents is not as of right. Other than a decree or an order made in open court, leave must be sought under rule 121 of the MCR for inspection by, production and disclosure to non-parties. ... I order the r.121 Summons be dismissed. 24. As the Wife fails in this application, she shall pay costs of this application to the Husband with certificate for Counsel. ... To sum up, the Wife’s #HL_STAR....

2024 Supreme(Online)(GUJ) 4909

In conclusion, we hold that the contents of the memory card/pen drive being electronic record must be regarded as a document. If the prosecution is relying on the same, ordinarily, the accused must be given a cloned copy thereof to enable him/her to present an effective defence during the trial. ... direction, by quashing and setting aside the impugned order passed by the learned Additional Sessions Judge, Rajula below application Ex.36 dated 18.09.2023. ... The impugned order passed b....

2025 Supreme(US)(ca9) 55

To assess our jurisdiction, we must already grapple with the possibility of the disclosure of Idaho’s execution drug supplier due to the district court’s order—the basis for Defendants’ challenge to the discovery order. ... The district court’s order compelled disclosure of the following information: the “purchase date” of the execution drugs, the dates Idaho obtained the execution drugs, whether the drugs “were ma....

R. 52] he held that the failure to serve notice did not render his order to reissue writ invalid. It is common ground that the application for execution under consideration was not the first application but a subsequent one. ... His order is therefore bad and must be set aside as one made in contravention of section 337. ... The Judge ordered that an affidavit be filed as this was not the first application for execu....

2019 0 Supreme(Del) 1163

THERE IS PRIMA FACIE NO DELAY ON THE PART OF THE PLAINTIFF. IN ANY EVENT, RELIEF OF AN INJUNCTION IN CASES OF INFRINGEMENT OF A REGISTERED TRADEMARK INJUNCTIONS MUST ORDINARILY FOLLOW

2019 0 Supreme(Del) 1746

IN ANY EVENT, RELIEF OF AN INJUNCTION IN CASES OF INFRINGEMENT OF A REGISTERED TRADEMARK INJUNCTIONS MUST ORDINARILY FOLLOW THERE IS PRIMA FACIE NO DELAY ON THE PART OF THE PLAINTIFF.

2015 0 Supreme(P&H) 61

Therefore, the order is deemed to be operative from the date the application was filed. 8. I am of the view that the prosecution should not suffer on account of delay on the part of the Court to pass the order on the application for extension of time from the day 180 days were to expire, as requested in the application. Normally, an order on the application would operate from the date of application, unless the contrary intention appears from the order. In the present case, there is no such contrary intention that it should operate from the date of order.

2014 0 Supreme(Bom) 2018

Section 8 being mandatory, it must follow that an order made on an application under section 8 (1) is under the section, albeit in the application. In other words, the bar under section 37 does not apply to the orders which are the passed in applications not made under the Act although they may be made on the basis of the provisions of the Act. Relying upon the judgment of the Supreme Court in State of Goa vs. If it is held that an order passed on an application taken in view of the provisions of section 8 is not an application under the Act, it must follow that s....

1994 0 Supreme(Bom) 486

In our judgment, the Government has no authority whatsoever to review the order after expiry of one year from the date of the original order passed under sub-section (2) of section 25-O of the Act. The submission of Shri Bhatt that the order can be passed by the State Government under sub-section (5) at any time provided the application for review is filed within one year, cannot be accepted. It is not the date of the presentation of the application but the date of the order which must be taken into consideration to examine whether the authority passing the order has jurisdiction t....