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Narasimha R (FARMER)     14 October 2009

Can I claim Salary of a person who is a govt employee

I have given some amount to a govt employee and taken promissory note. When is not responding to me, I filed a suit on him with the help of promissory note.  Now can I pray to the honble court for attachment of the salary of govt employee?



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 10 Replies

A V Vishal (Advocate)     14 October 2009

YES, YOU CAN SEEK THE COURT DIRECTIVE TO DEPOSIT THE EMPLOYEE'S SALARY INTO THE COURT AND PAID TO YOU.

Narasimha R (FARMER)     14 October 2009

Thank you sir.  May I ask you to provide me with some important case laws regarding this.

Satyaprakash Sharma (Advocate & Legal Consultant)     14 October 2009

If Judgment and Decree is passed in your favour, you can make application for attachment of salary of the Defendant under Order 21 Rule 48 of the CPC.

Satyaprakash Sharma, Advocate & Legal Consultant

Satyaprakash Sharma (Advocate & Legal Consultant)     14 October 2009

Originally posted by :Satyaprakash Sharma
"

If Judgment and Decree is passed in your favour, you can make execution application for attachment of salary of the Defendant under Order 21 Rule 48 of the CPC.


- Satyaprakash Sharma, Advocate & Legal Consultant

"

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     15 October 2009

PLEASE READ SECTION 60::61,PROPERTIES CANNOT ATTACHED.EARING APPAREL,COOKING VESSELS,BEDDING,TOOLS OF ATSRTISAN IMP OF HUSBANDRY,HOUSES OF AGRI,WAGES,SALARIES,PENSIONS & GRATITU, C.DEPS. RIGHT,

BUT LOT OF CONFUSION AND OPINIONS ARE THERE CAN WE DISCUSS IN DETAIL WITH CITATIONS.

Satyaprakash Sharma (Advocate & Legal Consultant)     15 October 2009

U/s. 60, Salary to the extent of 1st Rs.1000/- and 2/3rd of remainder can not be attached. Remaining one third can be attached in execution of a Decree.

- Satyaprakash Sharma, Advocate & Legal Consultant

Anil Agrawal (Retired)     16 October 2009

 Let the court first decide the case and order attachment. If you have already filed a suit, what did you pray in the plaint?

Aftab4u (PVT EMPLOYEE)     12 November 2009

Dear Sirs,

If the promisory bonds has been given by the govt employee with only her signature on the documents and after her death do the legal heir who is getting the job needs to pay the loan ? Pls advise if not kindly give some judgements reference for the same.

Do Legal heirs needs to pay the loan amount which has taken by their parents more over the promisary noters doesnt have any witness and they are not having valid licences to do the Finance etc.

Pls advice

Thanks in advance

Aftab

SACHIN AGARWAL (ADVOCATE)     18 September 2011

Good advice by Mr. Vishal.

Anil Agrawal (Retired)     18 September 2011

Legal heirs pay out of the inherited property. If they don't inherit any property, legal heirs are not liable to pay.


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