AI Overview...
- Application under Section 151 CPC - Maintainability of appointment of Receiver:
Main points indicate that applications filed under Section 151 CPC for the appointment of a receiver are generally maintainable, especially when they relate to executing decrees or managing property disputes. For instance, SHIB SANKAR RUDRA VS JYOTIRMOY RUDRA - Calcutta confirms that a petition under Section 151 was filed for appointment of a receiver during execution of a decree. Similarly, Harihar & Sri Laximata Thakurani VS Karuna Naskar - Calcutta discusses the maintainability of such applications even after the death of a defendant, emphasizing the court's inherent power under Section 151 CPC. - Court's inherent powers and scope of Section 151 CPC:
Several sources, including Fatima Sultana Begum VS J. Eashwarprasad - Andhra Pradesh and AMBIKA ENTERPRISES VS TRISHNA BOSE - Calcutta, highlight that Section 151 CPC grants courts inherent powers to make orders necessary for the ends of justice, including setting aside sales on grounds of fraud or collusion, and modifying previous orders related to receivers. This broad scope underscores the flexibility and importance of Section 151 in appointing receivers and related interlocutory reliefs. - Specific case contexts and limitations:
Some cases, such as Suchetan & Company VS Manju Debi Bhiwaniwala - Calcutta, demonstrate that applications challenging the appointment of receivers on grounds like fraud may be dismissed as not maintainable if procedural requirements or jurisdictional limits are not met. Moreover, applications seeking to stay proceedings or cancel receiver appointments, as in A N MOHANAN AGED 52 SO NARAYANAN vs K G BABU AGED ABOUT - Kerala, are also subject to judicial discretion based on the nature of the suit and maintainability. - Related procedural aspects:
The sources also mention procedural nuances, such as the relationship between Section 151 CPC and other statutes like the Arbitration Act (Indian Aluminium Cables Limited VS Rajasthan State Electricity Board - Rajasthan, S. K. VIJAYAKUMAR VS S. K. RAVIKUMAR - Karnataka) or civil procedures for injunctions and interim relief. These highlight that applications under Section 151 are often intertwined with other procedural remedies, but their maintainability remains rooted in the court's inherent jurisdiction.
Analysis and Conclusion:
Applications filed under Section 151 CPC for the appointment of a receiver are generally maintainable, given the court's inherent power to regulate its proceedings and ensure justice. Their maintainability depends on proper procedural grounds, jurisdiction, and the nature of the relief sought. Courts tend to uphold such applications when they are made in the interest of justice, especially in executing decrees or managing property disputes, reaffirming the broad scope and importance of Section 151 CPC.
Search Results for "An Application Filed under Section 151 of Cpc for Appointment of Receiver is Maintainable"
2003 0 Supreme(Cal) 357 • India - Calcutta
ARUN KUMAR MITRA
APPOINTMENT OF RECEIVER - EXECUTION OF DECREE - SECTION 151 CPC - SECTION 51 CPC - EXECUTION OF DECREE BY APPOINTING RECEIVER ... The decree-holder then filed a petition under Section 151 of the Code of Civil Procedure (CPC) for appointment of a Receiver for ... under Section 151 C....
2001 0 Supreme(Cal) 782 • India - Calcutta
BHASKAR BHATTACHARYA
Fact of the Case: Petitioner filed an application to cancel the appointment of a receiver alleging fraud. ... Petitioner filed a revisional application under section 115A of the Code of Civil Procedure before the District Judge, who dismissed ... it as not maintainable. ... The present petitioner subsequently filed an application for cancellation of appointment of the said Sure....
2011 Supreme(Online)(KER) 30746 • India - High Court of Kerala
P.BHAVADASAN, J
sought to stay proceedings of a suit in the Munsiff's Court which jeopardized the Society's functioning, claiming the suit was not maintainable ... Civil Procedure - Society Dispute - Travancore Cochin Literary, Scientific and Charitable Societies Registration Act - Sections ... It is also pointed out that the petitioners have approached the District Court for settling a scheme and they have also filed an application for appointment of a receiver and the said petitions are pending befo....
1991 0 Supreme(Raj) 788 • India - Rajasthan
S.N.BHARGAVA
Along with the application, the appellant also filed an application under Section 41 of the Arbitration Act read with Order 39 Rules ... Whether an appeal lies against an order dismissing an application for injunction filed along with an application under Section 20 ... An appeal lies against an order dismissing an application for injunction filed along with an application under Section#....
2004 0 Supreme(AP) 747 • India - Andhra Pradesh
L.NARASIMHA REDDY
Civil Procedure Code, 1908 - Section 151 - Order 22, Rule 10 - Possession – Land case - Service - Petitioners ... entrusted with the custody of any identified extent of agricultural land - For the foregoing reasons, the application filed by the ... petitioners is totally misconceived - Application dismissed ... ... ( 1 ) THIS is an application filed under Section 151 CPC to modify the order pass....
1976 0 Supreme(AP) 119 • India - Andhra Pradesh
B.P.JEEVAN REDDY, K.RAMACHANDRA RAO
Whether a petition to set aside a sale on the ground of fraud and collusion is maintainable under Section 151 CPC. ... However, the court held that the petition was maintainable under Section 151 CPC, which gives the court inherent power to rectify ... A petition to set aside a sale on the ground of fraud and collusion is maintainable under Section 151 CPC, which gives the court ....
• India - Calcutta
HARISH TANDON
An application under Section 151 of the Code of Civil Procedure was filed for the appointment of an interim committee to manage the ... Whether the application under Section 151 CPC was maintainable after the death of the original defendant. 2. ... Finding of the Court: The court held that the application under Section 151 CPC#HL_EN....
2006 0 Supreme(Kar) 789 • India - Karnataka
V.GOPALA GOWDA, C.R.KUMARASWAMY
Arbitration and Conciliation Act,1996 -Section 9 -Petition for injunction, appointment of Commissioner -Maintainability. [V. ... of receiver is sought for claiming that it is the property of the partnership firm. ... of receiver is sought for claiming that it is the property of the partnership firm. ... I filed under Section 9(ii)(d) of the Act read with Order 39, Rules 1 and 2 of the CPC for injunction, LA. No. II under Order 26, Rules 9 and 11 of the CPC#H....
1976 0 Supreme(AP) 201 • India - Andhra Pradesh
ALLADI KUPPUSWAMI
appointment of a receiver? ... for appointment of a receiver. ... Whether a petition for interim maintenance is maintainable under Section 151 CPC in a suit for possession of immovable properties ... P p. 62, is that here the plaintiff filed an application for appointment of a receiver and in that application the court instead of appointing a receiver#....
2003 0 Supreme(Cal) 101 • India - Calcutta
DILIP KUMAR SETH, RAJENDRA NATH SINHA
Receiver. ... Subsequently, the appellant filed an application under Section 151 of the Code of Civil Procedure seeking modification of the order ... Arbitration and Conciliation Act - Application under Section 151 of CPC - Summary Fact of the Case: An application ... ... ( 2 ) AN application under Section 9 of the Arbitration and Conciliation Act, 1996 (Act) ....
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