attachment before judgment Archives

retirement benefits attached for child's maintenance

S. 60(1)(g) exemption inapplicable where father’s retirement benefits are to be attached for child’s maintenance: Kerala HC

“The object behind Section 60(1)(g) CPC is to protect the said amount for utilizing the same for the benefits of the employee and family and to prevent vagrancy and destitution of the family members of the employee.”

Case Briefs High Courts

Section 9 of A&C Act not confined by technicalities of CPC; but Court cannot ignore fundamental principles governing attachment before judgment: Delhi HC

“The issuance of a direction to release such royalty sum would involve not only a conclusive and final adjudication on the petitioner’s right to receive such sum but also framing of an interim award and that cannot be said to fall within the ambit of Section 9 of the A&C Act.”