You are viewing the translated version of चलन चलाउने कार्यविधि.
Section 238
Procedure for running customs
(1) According to the judgment of the court, if the debt of the assets of the debtor is open, three percent of the debt and one thousand rupees if the debt is not open, the person who gets the debt should file in the court before the door is issued.
(2) If the person entitled to the customs clearance according to sub-section (1) pays the amount, the court shall set a date for the parties to appear at the place of customs clearance along with the notice of the day on which the customs clearance will be done on the same day as the payment is made. should also be given.
(3) When setting a date or giving a notice in accordance with sub-section (2), if the property to be handed over is a house or land, a notice must also be given to vacate such house within seven days.
(4) If the property to be handed over is in the possession or possession of a person other than the party to the case, the court shall also notify such person to appear at the place where the door is to be opened.
(5) On the day specified in accordance with sub-section (2), the court shall dispose of such property according to the judgment.
(6) If the direction or direction of any house or land to be executed according to the judgment is not opened, the court shall divide the parties Rohbarmarakhinaram garam milai and give such house or land execution.
(7) The court shall keep a representative of the local level and at least two witnesses in the presence of the parties giving and receiving the customs or their representatives.
(8) If the person who is to be allowed to conduct the customs or anyone else opposes the obstruction of the customs, the court shall use force as necessary to allow the customs to be carried out.
(9) Notwithstanding anything else written in this section, if any property is kept under lock and key in a house or shop subject to customs clearance, if the person occupying or occupying the house or shop subject to customs clearance is present, the house or shop to be subject to customs clearance shall be ordered to be opened, and if such person is not present, such house shall be subject to customs clearance within seven days. Or to post a notice in the format as per Schedule-25 on the door of the house or shop where such practice is required to open the lock of the shop.will fall.
(1o) If the concerned person does not open the lock of the house or shop within the time limit as per sub-section (9), after the expiry of such time limit, the court shall open such lock as soon as possible and release the house or shop.
(11) If any property is found inside the house or shop in the course of carrying out customs in accordance with this section, the court may at the same time prepare a description of such property and take such property under its control.
(12) In accordance with subsection (11), a seven-day notice shall be posted at the location of such house or shop to the concerned person to return the property seized in accordance with sub-section (11), and if such property is not returned within the given period, the court shall immediately pay the amount obtained by auctioning such property to the concerned person.
(13) If the person concerned does not immediately understand the amount received after selling the property at auction according to sub-section (12), the court shall deposit such amount in the bond account.
(14) According to sub-section (13), if the concerned person comes to understand the amount within one year of depositing the amount in the bond account, the court shall deduct ten percent of the amount and return the remaining amount to such person.
(15) If the concerned person does not return such amount within the period as per sub-section (14), the court shall deposit such amount in the government fund.
(16) If someone embezzles property that has been confiscated by the court once, without abandoning it, the court will fine up to twenty-five thousand rupees or imprison for three months, and the previously confiscated property shall be confiscated again according to the judgment, and no separate appeal shall be filed for that purpose. No additional fees will be charged for such customs.
(17) If the property to be subject to customs is from another area, the court shall send the party concerned to the subject of customs to the district court of that area along with a dated letter.
(18) If there is a written request for enforcement according to sub-section (17), the relevant court shall inform such court of enforcement according to the law.
(19) After issuing the summons by the court in accordance with this section, the court shall give a copy of the summons to the party receiving the summons.Will.
(20) The court should be able to issue the order within six months after the parties appear in the court.
(21) The actual expenses incurred in running the customs shall be borne by the concerned party.
(22) If the party entitled to customs demand to obtain customs according to the judgment, the customs must be given accordingly. However, if the property cannot be divided according to the law, or if there is land or physical structure of an area where customs cannot be executed, then the court shall fix the price according to the agreement of both parties. If there is no such agreement, the party who gets the customs clearance shall be given the customs clearance on that basis by fixing the five-year price or by selling the customs at auction. If a party wants to pay in cash, it will have to be paid in cash.
(23) If it is found that someone has built or made a material structure encroaching on another person's land, in case of carrying out customs, such structure shall be destroyed and the expenses for that shall be borne by the person who has constructed or constructed such an encroached physical structure.
(24) If the parties agree to make a compensation transaction without changing the structure according to sub-section (23), and if they agree on the compensation amount, even if they agree on the structure, the compensation amount shall be fixed and an additional amount of twenty-five percent of such price shall be paid to the party who is entitled to customs clearance.