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    <title>1951 (1) TMI 48 - CALCUTTA HIGH COURT</title>
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    <description>Attachment before judgment under Order 38 Rules 5 and 6 CPC is available only on clear, specific and properly verified material showing that the defendant is about to dispose of or remove property with intent to obstruct or delay execution of a prospective decree. Mere financial difficulty, disposal of property, or the filing of a suit is insufficient. The court may consider conduct immediately before the suit and surrounding circumstances, and may infer intent from credible facts. On the material described, including alleged attempts to sell all properties at an inadequate price, closure of business in India, business activity in Pakistan, and an expressed wish to migrate there, the requirements were treated as satisfied and security before judgment was directed.</description>
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    <pubDate>Mon, 29 Jan 1951 00:00:00 +0530</pubDate>
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      <title>1951 (1) TMI 48 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=306571</link>
      <description>Attachment before judgment under Order 38 Rules 5 and 6 CPC is available only on clear, specific and properly verified material showing that the defendant is about to dispose of or remove property with intent to obstruct or delay execution of a prospective decree. Mere financial difficulty, disposal of property, or the filing of a suit is insufficient. The court may consider conduct immediately before the suit and surrounding circumstances, and may infer intent from credible facts. On the material described, including alleged attempts to sell all properties at an inadequate price, closure of business in India, business activity in Pakistan, and an expressed wish to migrate there, the requirements were treated as satisfied and security before judgment was directed.</description>
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      <pubDate>Mon, 29 Jan 1951 00:00:00 +0530</pubDate>
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