Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 20, Rule 12 -- Eviction order - Execution - Stay during pendency of appeal - Rent of Rs.600/- per month fixed almost 18 years ago - Stay of execution subject to payment of Rs.4, 000/- p.m. as mesne profits - Cannot be said to be excessive...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1(3) -- Appeal - Deposit of decretal/some given amount - In absence of an application for stay of execution of decree, appellate Court has no power to order deposit of money - Deposit of money has no connection with the merits of case, which alone is the basis for admitting or not admitting an appeal...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Execution - Objections - Dismissed for default - Attached property ordered to be auctioned - Application for restoration of objections filed - Application for stay of auction rejected - Property auctioned - Execution pending for consideration of application for restoration of objections and also for submission of..........
Representation of the Peoples Act, 1951, Section 8(3) -- Disqualification on conviction - Suspension of sentence vis a vis stay of conviction - Election to Legislative Assembly - Returned candidate convicted and sentenced to undergo rigorous imprisonment - Appellate Court suspended sentence - Returned candidate concealed information about his conviction in the affidavit..........
Civil Procedure Code, 1908, Section 47, Order 41, Rule 1, 5 -- Execution - Decree is executable from the date on which it is passed, unless its operation is deferred by the decree itself or by the order of the appellate Court - Decree becomes executable even before limitation to challenge the decree expires - Stay of execution of decree can be obtained from Appellate Court..........
Civil Procedure Code, 1908, Order 41, Rule 6(2) -- Execution - Stay of sale of property - Execution Court to decide application on merits - Application for stay cannot be dismissed merely on the ground that no stay was granted by Appellate Court while admitting appeal...........
Criminal Procedure Code, 1973, Section 389(1) -- Conviction - Suspension of - Appellate Court has power to suspend not only execution of sentence but also the order of conviction - An order of stay does not render the conviction non-existent, but only non-operative - Conviction can be suspended in a rare case depending upon the special facts of the case - Person seeking..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 41, Rule 5 -- Execution - Stay - Executing Court can stay execution of decree for a reasonable time only in two circumstances (i) to approach the same Court which passed the decree and to get an order of stay of operation of decree; (ii) to enable a party to file an appeal and get order of..........
Civil Procedure Code, 1908, Order 20,, Rule 7, Civil Procedure Code, 1908, Section , Order 21 -- Limitation Act, 1963, Article 136 - Execution of decree - Period of Limitation - Starting point - Suit for declaration of title and recovery of possession - Suit decreed by Trial Court - Appeal & Revision dismissed - No stay granted during pendency of appeal & revision -..........
Civil Procedure Code, 1908, Order 21, Rule 1 -- Stay of execution subject to deposit of decretal amount - Not a payment to D.H. in terms of O.21.R.1 - Cannot be adjusted towards the principal amount...........
