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....2,000/- per month to the husband - judgment creditor as periodical amount together with an order of cost of Rs.1000/-. A warrant of attachment of property against the w...filed by husband - judgment creditor under Order XXI Rule 32 and 33 of the Code. To decide the controversy, it would be apt to reproduce Order XXI Rule 32 and Rule 33 of Code of ...2018. The respondent- husband is the decree holder of the judgment and decree passed in the proceedings under Section 9 of the Hindu Marriage Act, 1955. It is submitted ...
..., and the judgment on which reliance is placed does not establish such title. If this contention is correct, it will mean that the decree of the Chief Court of Oudh is nugatory as against a ...that it was not saleable in execution of Sita Ram's decree. It was held that Ham Sewak was the full owner, and his suit was accordingly decreed. Two years later another judgment-creditor of Baghubir, a...res judicata applies to the facts of this case and that the judgment-creditor must be held to represent his judgment-debtor in respect to this property which his judgment-debtor had claim...
...A and B and the Bank was authorised to accept the signature of either A or B or of the survivor as a sufficient discharge for the repayment of the moneys deposited. This debt was...The Judgment of the Court was delivered byBachawat, J.:— This is a suit to recover the balance due on an overdraft account and a declaration of charge and for all...Warrington and Lord Macmillan held that as between B and the executors of A, the latter was entitled to retain the assets.11. In course of his judgment Lord Atkin observed at p. 43...
...husband could, therefore, affirm or avoid her act. That was enough to bring the case within the ruling of the Privy Council which is there cited and followed. Apart from that this Madras ruling deals with...that that clause was the foundation of the suit. The question is, what is the period of limitation for such a suit
The answer is, in my opinion, to be found in ...measure have affected the amount of the purchase money.
There are other points arising in this appeal and I have written a judgment in respect of them: but as they will require...
...husband could therefore affirm or avoid her act. That was enough to bring the case within the ruling of the Privy Council, which is there cited and followed. Apart from that, this Madras ruling deals with ...in the judgment of the Privy Council in Hanuman Kamat v. Hanuman Mandur. In that case Doalat Mandur, who was joint with his sons, sold to plaintiff an undivided share of the joint...its measure have affected the amount of the purchase-money.There are other points arising in this appeal and I have written a judgment in respect of them; but as they will require...
...whether a judgment-creditor of the widow or the heir of her husband was entitled to execute a decree for mesne profits that the widow had obtained before her death, Glover, J. ob...Page, J.:— The decision in this case, involves the solution of the problem whether a Hindu widow can dispose by will of the income of property that she has inherited from her ...her husband, she is entitled to the possession of the property, but that she is only entitled to enjoy it according to the rights of a Hindu widow, which rights it appears to me to be absolutely...
...had obtained against the husband prior to his death. The undivided share, right, title and interest of the deceased husband, not having gone over to any other member of the joint...creditor would, contrary to the position which obtained before the enactment of this Act, be able to attach the undivided share, right, title and interest of her husband in execution ...interest. The widow could not be in a better position than her husband if he had lived. This was the ratio of the judgment and we are in perfect accord with the same. The interes...
...on the of the City principle laid down in the leading case of Morel Brothers & Co., Limited v. Westmorland (Earl of). That principle was held binding, even though the...The arguments of counsel are sufficiently referred to in the judgment of the Court.Beaumont, C.J:—This is an appeal from a judgment of Mr. Justice Kania. ...due down to the date of forfeiture and recovered judgment against him, but that judgment remains unsatisfied. The original 1st defendant died and the present first defendant is brought on record a...
...obtained by the judgment creditor. That, Opponent-her husband had left the suit premises since last many years and he had no concerned with the suit premises. She was occupant having possession ...present petitioner that judgment and decree was obtained by the respondents in absence of her husband cannot be accepted by this Court.
12. In the case on hand as...
C/SCA/8935/2013 JUDGMENT DATED: 09/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD...
...categorically held that the amount awarded for the death of the deceased does not enure to the estate, but enures personally in favour of the
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...me is the judgment creditor. He had presented a suit in O.S.No.151 of 2015 for recovery of Rs.2,20,000/- (Rupees Two lakhs twenty thousand only) together with interest. The said suit was decreed o...08.10.2015. In the meantime, MCOP No.96 of 2003 was filed by the judgment debtor/respondent in this civil revision petition, claiming compensation of Rs.25,00,000/- towards the death of h...
...A.M. Badar, J.:— Heard the learned counsel for the petitioner.
2. The petitioner is a guarantor of the loan taken by her husband for doing hotel business. Because ...regularization of that loan. While deciding that petition, it was made clear that if the conditions imposed in the said judgment are not complied, then the Bank shall be at liberty to commence the...proceedings.
3. The learned counsel for the petitioner argued that because of pandemic Covid-19, the overdue amount of loans could not be repaid fully. The loanee has made some pay...
...that judgment and. property was attached to which the opposite party made a claim. She laid claim to that property as her own by virtue of a gift made to her by her husband who had been very much...1. In this case it appears that in a suit in which the opposite party was impleaded, a judgment was given for a sum of money against the other defendants. Execution was taken out under...indebted. This Court has already held that the proceedings between the opposite party and the judgment-creditor as to whether the attachment is valid are proceedings under...
...stands disposed of.
Main case
4. The appellant herein claims to be divorced wife of the judgment debtor. She claims that her husband in lieu ...objection has formed an opinion that the transfer of the property by the judgment debtor is a fraudulent transfer in order to defraud his creditor.
5. The correctness...the arbitration proceedings. Thus, it is evident that the transfer of the property by the judgment debtor in favour of his wife was in order to defraud the rights of rec...
...the judgment of the High Court in the case of Ahmed Hoosein v. Mt. Khodeja 10 W.R.C.R. 368. Whatever the right may be called, it appears to be founded on...creditor, and as regards the dower which is due to her she ranks equally and rateably with the other creditors of her husband. Her dower is not a charge upon the assets left by her ....
8. Upon the death of the husband succession opens out immediately to the heirs. This succession is not postponed till the debts to the creditor have been paid....
.../ principal borrower has no grievance with regard to the actions of the respondent bank as secured creditor while the applicant herein standing in the shoes of the principal borr...considered but Section 17 has made it enough an elaborate section and empowered any person aggrieved by the actions of the secured creditor to approach the Tribunal and challenge their actions under SARFAE...1. This SA is filed challenging the Auction Sale Notice dated 21.01.2020 issued by respondent bank scheduling sale to 29.02.2020 for recovery of sum of Rs.5,60,512...
...might be created in favour of the plaintiff in respect of the sum found due from the defendants. From the judgment of the District Judge it appears that those properties...Narasimham, C.J:— These two appeals arise out of one judgment passed by our learned brother Misra J. in M. As. 76 and 77 of 1957 which arose out of an order passed by the District Judge ...recovery of a sum of Rs. 4500/- together with interest (Suit No. 1 of 1952) against the appellant's husband Alluri Rangaraju (who was defendant No. 1) and who was the executant of ...
...JUDGMENTThe petitioner is the creditor Bank who proceeded against respondents 1 and 2. The contention of the Bank was that, a loan was taken by the 1st ...respondents remained ex parte before the Arbitrator. On passing of the Award, the 2 respondent approached the Tribunal with a revision petition. She claimed that she is at loggerheads with her ..., the 2nd respondent wife stood as guarantor. The joint property of the respondents was mortgaged. On default being committed, the Bank approached the Arbitrator who passed Ext.P1 Award. Both ...
...circumstance it was held in Jamna Bai v. Dattatraya Ramchandra Jugrathi that a suit under section 42 of the Specific Relief Act is c...The Judgment of their Lordships was delivered bySinha, J.:— This is a plaintiffs' appeal from the decision of the learned Additional Subordinate Judge of Gaya, dis...plaintiffs are related to the defendant no. 7, who is their sister's husband. The plaintiffs “advisedly” executed two sale deeds, dated the 18th of September, 1925, and the 19th of August...
...:“It is not necessary to say, whether this right of the widow in possession is a lien in the strict sense of the term, although no doubt the right is so stated in a ...dower debt, either from the income of the property or otherwise.2. The question is whether the creditor is precluded from attaching the house and bringing it to sale in exe...widow in assertion of her claim of dower cannot be disturbed, the question still remains whether the property cannot be treated as assets of the deceased husband for purpose of ...
....10. It is also important to note that although the judgment creditor contends that the property attached belongs to the judgment debtor No. 2, he denies the same. ...independently secured in favor of the petitioning creditor as security for the payment of his dues from the judgment debtor's. The expression “secured creditor” in secti...unsecured creditor who has obtained a decree and at whose instance the executing Court has attached the property of the judgment debtor. Such a petitioning creditor is not a secured ...