Showing : 1-10 of 110 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree for payment of amount - Adjustment of amount deposited by judgment-debtors - Amount is to be adjusted first towards costs, then towards interest and thereafter if anything is left, towards principal amount - In the instant case, Executing Court has deviated from the said..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution - Power to stay execution of a decree vests in executing Court itself and is not dependent upon any order of stay being passed by a superior Court or by a Court before which an appeal may be pending...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution - Mere fact that there was no specific reference to provision of O.21.R.29 CPC in the application, would not be fatal for Court to consider as to whether powers conferred thereunder were liable to be exercised or not...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution proceedings - Civil suit not pending in same Court where execution proceeding is pending - Said suit is neither filed by JDs nor it is filed against DH, as DH is only a formal party in the suit - None of requirements is satisfied for invoking provision of O.21.R.29 CPC -..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution proceedings - For invoking O.21.R.29 CPC, there should be simultaneously two proceedings in one Court - One is proceeding in execution at the instance of DH against JD and other a suit at the instance of JD against DH...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151-- Stay of execution proceedings during pendency of application U.O.9.R.13 CPC - Suit for possession by way of specific performance - Executing Court already ordered and got executed sale deed in favour of DH - It was thus too late in the day for JD to move the application u/s 151 CPC for staying the..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134-- Auction sale - Limitation of one year to file application U.O.21.R.95 CPC for delivery of possession begins to run when sale becomes absolute and not when sale is confirmed - In the instant case High Court in revision granted stay of further proceedings in the execution petition - Revision..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 38, Order 21, Rule 1-- Execution - Mere pendency or even allowing of amendment is not a bar to executability of decree unless there is a stay against executability either by original Court or transferee Court or by Appellate Court...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 5-- Appeal - Stay of execution - Stay can be granted on satisfying the explanation of sufficient cause, subject to conditions of satisfying with substantial loss may result to party applied for stay, unless there is stay of execution and made applications for stay without unreasonable delay and has..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 5-- Appeal - Executing Court cannot decline execution of decree simply on the ground that an appeal has been filed against the decree - Remedy of petitioner is to approach Appellate Court to seek relief regarding stay of execution of decree and said plea of petitioner was to be considered by Appellate..........

Showing : 1-10 of 110 Results