AI Overview...
- Judgment Debtor - Definition and Context
A judgment debtor is a person against whom a court has issued a decree or judgment requiring them to satisfy a debt or obligation. Their role is central in execution proceedings, where their assets or income may be targeted for recovery of dues.
References: - Kokusai Shipping Agency Ltd. VS Korp Resources Private Ltd - Calcutta: Discusses the consent of the judgment-debtor in issuing invoices and the legality of the judgment-debtor's actions.
- Kamal Chandra Dutta etc VS Ram Chandra Goala and another - Gauhati: Highlights the importance of restitution and the possibility of setting aside ex parte decrees involving judgment debtors.
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Anama Gounder VS A. C. Ponnusami - Madras: Emphasizes the necessity of proper enquiry before executing arrest orders against judgment debtors.
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Legal Proceedings and Enforcement
Judgments against debtors can be enforced through various means such as attachment of salary, assets disclosure, or arrest. Courts require proper enquiry and adherence to legal procedures before executing such orders.
References: - LAKSHMINARAYAN BHATTA VS NARASIMHA BHATTA - Karnataka: Addresses attachment of salary within the meaning of Section 60 of the Civil Procedure Code.
- Anama Gounder VS A. C. Ponnusami - Madras: Details the procedural safeguards needed before arresting a judgment debtor.
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CHOKHA NAND MADAN VS ASIAN EXHIBITORS - Delhi: Involves orders for judgment debtor to disclose assets, highlighting enforcement measures.
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Special Categories and Exemptions
Certain debtors, such as small farmers or those covered under specific laws (e.g., Tamil Nadu Act 40 of 1978), may have protections or exclusions from enforcement actions.
References: - Venkatachalam Chettiar VS Adaikappa Chettiar - Madras: Clarifies that costs decreed are not considered debts under certain relief acts.
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Dasappa Chettiar VS S. R. Venkatarama Chettiar - Madras: Discusses the applicability of the Nadu Act and the status of debt under specific statutes.
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Liability and Disputes
Disputes may arise regarding the liability of judgment debtors, especially concerning the nature of the debt (e.g., contractual, salary, or other obligations). Courts examine whether the debt is valid and enforceable.
References: - Gopal Khandu Wani VS Vasta Ramsing Fasepardhi - Bombay: Considers whether liability is extinguished or valid, especially in contractual contexts.
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JAYAVARAPU VENKATESWARLU VS Official Receiver, Krishna Sri T. Sadasha Rao - Andhra Pradesh: Questions whether the judgment debtor's interests are affected under procedural rules.
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Summary
A judgment debtor is an individual or entity legally obligated to satisfy a court judgment. Enforcement involves procedural safeguards, asset disclosures, and sometimes exemptions based on the debtor's status or the nature of the debt. Proper legal procedures are essential to ensure fair enforcement and protect debtor rights.
References: - General insights from multiple sources emphasizing procedural fairness, debtor protections, and legal definitions.
Search Results for "What is the Meaning of Judgement Debtor"
2010 0 Supreme(Cal) 1128 • India - Calcutta
PATHERYA
raised on Korp Gems were issued with the consent of the judgment-debtor. ... the invoices raised on Korp Gems were issued with the consent of the judgment-debtor. ... Fact of the Case: Petitioner sought execution of a foreign award dated 17th August 2007 against the judgment-debtor ... of the judgement-debtor is “patently illegal”. ... been reached b....
1981 0 Supreme(Mad) 250 • India - Madras
SURYAMURTHY
NADU ACT 10 OF 1981 - S.7 - MORTGAGE DECREE - DEEMED REVIVAL - EXECUTION - MAINTAINABILITY: Fact of the Case: The judgement-debtor ... in S.3(d) of the principal Act as in force immediately before the 20th Nov. 1980, and has ceased to be a debtor on and after that ... Ratio Decidendi: The court held that S.7 of Act 10 of 1981 lays down that any debt due from a person who was a debtor as defined ... Hence, the j....
1979 0 Supreme(Gau) 4 • India - Gauhati
BAHARUL ISLAM
What is intended by Section 144 is that the restitution as far as possible be granted, meaning that if the defendant judgement debtor ... possibility of the ex parte decree being set aside and further the possibility that the application under S.144 being allowed the judgement-debtor ... Judgement ... JUDGEMENT :- These two Miscellaneous Second Appeals which arise out o....
1981 0 Supreme(Mad) 66 • India - Madras
BALASUBRAMANYAN
of Proper enquiry has to be conducted before passing order on execution petition for arrest of judgment debtor. ... Code of Civil Procedure, 1908-Section 51 and Order 21, rule 40 (1)-Execution petition for arrest of the judgment-debtor - Nature ... The judgement debtor resisted the execution proceedings on the score that he was a small farmer within the meaning of Act 3....
1989 0 Supreme(Del) 332 • India - Delhi
MAHESH CHANDRA
debtor. ... of the decree-holder's application for directions to the judgment-debtor to disclose his assets. ... debtor to disclose his assets. ... debtor within the meaning of Order 21 Civil Procedure Code The impugned order is set aside. ... the Court for an order that- (a) the judgement-debtor, or (b) (where the judgement-#HL_START....
1979 0 Supreme(Mad) 204 • India - Madras
SETHURAMAN
DEBT RELIEF - TAMIL NADU ACT 40 OF 1978 - SECTION 2(2), 6, 10, 15, 16 - INTERPRETATION - COSTS DECREED - NOT A DEBT WITHIN THE MEANING ... Section 10 of the Act specifically excludes a decree debt in respect of costs from the benefits conferred on a debtor. ... debtor who is a debtor within the meaning of this Act, or in respect of a Hindu joint family debt, on the application of any member ... of the fam....
1985 0 Supreme(Kar) 175 • India - Karnataka
KULKARNI
The judgment debtor contended that the amount was not liable to be attached as it constituted salary within the meaning of Section ... Fact of the Case: The decree holder sought to attach the arrears of salary belonging to the judgment debtor. ... to a salary within the meaning of Section 60 (i) C. ... debtor. ... debtor in O.
1987 0 Supreme(AP) 384 • India - Andhra Pradesh
S.S.M.QUADRI
( 1 ) THE short question which falls for determination in this civil revision petit on is whether the judgement-debtor ... is a parson, "whose interests are affected", within the meaning of Order 21, Rule 90 of the Code of Civil procedure.
1978 0 Supreme(Bom) 42 • India - Bombay
VAIDYA
was in respect of a claim arising out of a contract not connected with money-lending, and therefore, the objection raised by the judgement-debtor ... Fact of the Case: The judgment-debtor claimed that his liability in respect of the decretal debt was extinguished under ... Issues: The main issue was whether the liability of the judgment-debtor in respect of the decretal debt was extin....
1973 0 Supreme(Guj) 26 • India - Gujarat
J.M.SHETH
was not the full amount which the judgement-debtor was required to deposit within 30 days of the sale and the time for depositing ... amount of Rs. 500 - They had not received the amount-of Rs. 166-60 Ps. and as such the amount that was deposited on behalf of the judgement-debtor ... or even had constructively received this amount - It is therefore evident second condition laid down has not been complied with jud....
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