Is Notice Mandatory for Property Attachment in Execution?

2025 0 Supreme(Ker) 2364

It is true that the Bank was a party in the execution proceedings. It may also be true that, some infirmities have crept into the manner in which the proceedings were conducted. ... Before proceeding to answer the above questions, this Court must notice one compelling fact which the executing court had completely missed. ... (1) Where any claim is preferred to, or any objection is made to the a....

2023 0 Supreme(Mad) 3138

On notice in the Execution Petition, the Respondents 2 to 4, legal heirs, have successfully alienated the property sought to be attached to avoid execution of the decree. ... Their Lordships have further held that this principle applies with equal force and precision whether the attachment is in execution of a decree or is an attachment before judgment....

2025 0 Supreme(Mad) 4665

The right to immovable property must be directly and specifically in question in the suit or proceeding; e. The property must be transferred by a party to the litigation; and f. The alienation must affect the rights of any other party to the dispute. ... It has been held that a sale in pursuance of a pre-attachment agreement is a private alienation of property and #HL_S....

2025 0 Supreme(Del) 550

It is argued that the alienation of immovable property pendente lite is to be ignored by the court and it is immaterial whether the alienee had notice of pending litigation or otherwise. ... execution proceedings. ... The law further requires the decree-holder to file separate execution proceedings before the court of competent territorial jurisdiction, seeking the sale....

2025 0 Supreme(AP) 953

The notice and the entire proceedings under Order XXI, rule 16, originate from an application for execution. If there is no such application the proceedings are without any foundation. ... Order XXI Rule 11 which under clause (j) provides for the mode in which the assistance of the Court is required i.e., whether (i) by the delivery of any property specifically decreed; (ii) by the #HL_S....

2024 Supreme(Online)(TEL) 22822

(2) Whether such circumstances exist is a question of fact that must be proved to the satisfaction of the Court. ... Particulars must be stated. (6) There is no rule that transactions before suit cannot be taken into consideration, but the object of attachment before judgment must be to prevent future transfer or alienation. ... property with an intention to defeat or delay the #HL_STAR....

This note does not make it clear whether there was no attachment at all or whether the attachment was merely irregular in some respect. ... Arunachellam et al. (1888) Indian Law Reports, 12 Madras 20 :-   " It would be very difficult indeed to conduct proceedings in execution of decrees by attachment and sale of property if the judgment-debtor could....

As regards the attachment or seizure of money in Court, the Civil Procedure Code enacts- " If the property is deposited in, or is in the custody of any Court or public officer, the seizure shall be made by a notice to such Court or officer, requesting that such property and ... The mere issue of a notice under section 232 does not amount to realization. To shut out a judgment-creditor who applies....

2023 0 Supreme(AP) 775

for the sale of the property under attachment in execution of such decree.” ... Seetharamanjaneyulu claiming that they are his creditors and got attached the present subject property in their proceedings, still it is not known whether the loans advanced by them to A. ... In fact, Order 38, Rule 10, Civil Procedure Code, also slates that attachment before judgment shall ....

2023 0 Supreme(Ker) 354

Adjudication of claims to, or objections to attachment of, property: (1) Where any claims preferred to, or any objection is made to the attachment of, any property attached in execution of a decree on the ground that such property is not liable to such attachment, the Court shall ... The executing Court with the issuance of sale certificate completes the process of auct....

2021 0 Supreme(Ker) 1168

Property liable to attachment and sale in execution of decree It is apposite in this context to extract Sec.60(c) which reads as follows : Provided that the following particulars shall not be liable to such attachment or sale, namely :-

2014 0 Supreme(Ker) 156

Property liable to attachment and sale in execution of decree:- The following property is liable to attachment, and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgment-debtor,....

2012 0 Supreme(Mad) 2584

Property liable to attachment and sale in execution of decree Provided that the following particulars shall not be liable to such attachment or sale, namely:

2002 0 Supreme(AP) 1470

Order 38 Rule 7 CPC, deals with mode of making attachment. It lays down that the attachment shall be made in the manner provided for the attachment of the property in execution of a decree. Rule 8 of Order 38 CPC, deals with adjudication of the claim to property attached before judgment. It clearly lays down that where any claim is preferred to property attached before judgment, such claim shall be adjudicated upon in the planner provided for the attachment of claims to prope....

2000 0 Supreme(P&H) 466

Property liable to attachment and sale in execution of decree: (1) The following property is liable to attachment and sale in execution of a decree, namely lands, houses or other buildings, goods, money bank notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, moveable or immove able, belonging to the judgment-debt....