Order 38, Rule 5(1)(a) CPC - whether the petitioner herein is about to dispose of whole or any part of his property, has to be considered in this case. There is no averment with regard to the aforesaid requirement by the plaintiff stating that the petitioner herein is about to dispose of whole or any pan of his property with intent to obstruct or delay the execution of any decree that may be passed against him. A reading of the affidavit on the face of it, does not satisfy the requirement under Order 38, Rule 5 CPC, and therefore, no order of attachment can be ordered in the instant case. I am, therefore, of the opinion that the learned Principal Senior Civil Judge erred in ordering attachment. The order under revision is set aside and the CRP is allowed. No costs.-2015 A.P.(2001)MSKLAWREPORTS

Order 38, Rule 5(1)(a) CPC - whether the petitioner herein is about to dispose of whole or any part of his property, has to be considered in this case.
There is no averment with regard to the aforesaid requirement by the plaintiff stating that the petitioner herein is about to dispose of whole or any pan of his property with intent to obstruct or delay the execution of any decree that may be passed against him. 
A reading of the affidavit on the face of it, does not satisfy the requirement under Order 38, Rule 5 CPC, and therefore, no order of attachment can be ordered in the instant case. 
I am, therefore, of the opinion that the learned Principal Senior Civil Judge erred in ordering attachment. The order under revision is set aside and the CRP is allowed. No costs.-2015 A.P.(2001)MSKLAWREPORTS

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APEX COURT DIGEST - Jan.2017 [6]

Delhi Rent control Act sec.14 - Rent Control Case - Eviction Petition - The landlord sought the eviction of the tenant  on  the  ground  that  the tenant had sub-let the premises to his son-in-law  in  contravention  of Section 14 of the Delhi Rent Control Act, 1958 (hereinafter referred  to  as ‘the Act’).  -  whether  he  was doing business along with his father-in-law or independent of him,  i.e. whether  he  was  doing  business  exclusively  behind  the  façade   of   a  partnership or as a genuine partner.  It is an  uncontroverted  fact  before  us that the landlord’s permission in writing was  not  obtained  before  the  tenant had allowed the alleged sub-tenant to occupy the shop -  the Rent Controller clearly found that the son-in-law had been put  in  possession of the shop in pursua...
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Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

"(i) Whether  Section 6  of the Hindu Succession Act, 1956, as amended by the Amendment Act , 2005 is prospective or retrospective in operation? (ii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born prior to 17.6.1956? (iii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born after 17.6.1956 and prior to 9.9.2005? (iv) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies only to daughters born after 9.9.2005? (v) Whether the decision of the Division Bench in the case of Vaishali Ganorkar is per in curium of Gandori Koteshwaramma and others?"   In addressing an argument that the Explanation to  Section 6  clearly provides that partition means any partition made by execution of a deed duly registered under the  Registration Act , 1908...
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Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports

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