The court has the authority to fix the amount to be paid to a receiver for their services. This payment is legally referred to as remuneration, which can be determined by the court through a general or special order based on the nature and complexity of the receivership duties.
5152
Under what condition may a court appoint a Collector as a receiver for land revenue property?
When the property in question is land paying revenue to the government, the court may appoint the Collector as a receiver if it believes such management would benefit the parties. However, this appointment is subject to the consent of the Collector, as the court cannot unilaterally impose administrative duties on a government official without their agreement.
5153
Who may the court appoint as a local commissioner for the purpose of property partition?
Under the provisions of the Civil Procedure Code, the court has wide discretionary powers to appoint a local commissioner to perform various tasks, including the partition of property. While the court often appoints revenue officials like a Patwari or Tehsildar due to their expertise in land records, the law allows the court to appoint any person it deems fit and competent to execute the commission.
5154
According to Order XL, Rule 1(a) of the CPC, when is the court authorized to appoint a receiver?
Order XL, Rule 1(a) provides the court with the discretionary power to appoint a receiver for any property, whether before or after a decree is passed. This measure is taken to protect the property from waste, damage, or alienation during the pendency of a suit or during the execution of a decree, ensuring the subject matter remains preserved.
5155
Which Order of the Civil Procedure Code (CPC) governs the appointment of a receiver?
Order XL (40) of the Code of Civil Procedure, 1908, provides the legal framework for the appointment of a receiver. A receiver is an impartial person appointed by the court to manage, protect, or preserve property that is the subject of litigation, ensuring that the assets are not wasted or misappropriated while the legal dispute is being resolved.
5156
Under which legal framework are the appointment, rights, powers, duties, and liabilities of a court-appointed receiver regulated?
The Code of Civil Procedure (CPC) provides the procedural framework for civil litigation. Specifically, Order XL of the CPC governs the appointment of receivers, detailing the conditions under which a court may appoint a receiver, as well as the receiver's specific powers, duties, and liabilities in managing property during the pendency of a suit.
5157
When a Magistrate attaches a subject of dispute, under which legal framework does he derive the power to appoint a receiver if one has not been appointed by a Civil Court?
Section 146(2) of the CrPC allows a Magistrate to appoint a receiver for attached property. While the power to appoint is granted by the CrPC, the receiver's authority and operational procedures are governed by the Code of Civil Procedure (CPC), 1908, as the Magistrate's appointee exercises powers equivalent to those of a receiver appointed under the CPC.
5158
Which legal instrument governs the appointment, rights, powers, duties, and liabilities of a court-appointed receiver?
The appointment of a receiver and the subsequent regulation of their conduct, including their powers, duties, and liabilities, are governed by the Code of Civil Procedure (CPC). Specifically, Order XL of the CPC provides the procedural framework that courts must follow when appointing a receiver to manage property during the pendency of a suit.
5159
How is the court's authority to appoint a receiver characterized?
The appointment of a receiver under the Code of Civil Procedure is a discretionary power exercised by the court. The court evaluates the necessity of preserving property or managing assets during the pendency of a suit. Because it is an equitable remedy, the court must carefully consider the facts of each case before appointing a receiver.
5160
Under Order XL, Rule 3 of the Code of Civil Procedure, who is eligible to be appointed as a receiver?
Order XL, Rule 3 of the Code of Civil Procedure grants the court broad discretion to appoint any person as a receiver. The court evaluates the suitability of the individual based on the requirements of the case, ensuring that the person appointed is capable of managing the property or assets effectively during the pendency of the litigation.