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november 2008

Supreme Court of India · 2008-11-04

Radhey Shyam Gupta vs Punjab National Bank & Anr

Citation / case number
AIR 2009 SUPREME COURT 930
Court
Supreme Court of India
Petitioner
Radhey Shyam Gupta
Respondent
Punjab National Bank & Anr
Author
Altamas Kabir
Bench
Markandey Katju, Altamas Kabir

Judgment text excerpt

The Supreme Court addressed the execution of a decree under Section 60(1) of the Code of Civil Procedure, clarifying that amounts received as gratuity and pension are exempt from attachment. The Court upheld the High Court's decision to release the appellant's Fixed Deposit Receipts, emphasizing that the hypothecated vehicle must be auctioned first as per the original decree. The ruling reinforced the principle that specific exemptions under the law must be respected in execution proceedings.

Radhey Shyam Gupta vs Punjab National Bank & Anr · Niyam