Showing : 61-70 of 110 Results

SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3)-- Eviction order - Appeal against - Stay of execution subject to payment of Rs.15, 000/- per month in addition to the contractual rate of rent - Tenant as per Delhi Rent Control Act does not include a person against whom an order or decree for eviction is passed - Tenant, as such, on filing of..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3)-- Eviction order - Appeal against - Stay of execution - Contractual rent Rs.371.90 since 1944 - Premises situated in prime commercial locality - Tenant directed to pay Rs.15, 000/- per month as charges for use and occupation during pendency of appeal - No fault can be found with the approach adopted..........
KARNATAKA HIGH COURT
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Recovery - Limitation is one year for making application for execution of maintenance order - However, where maintenance order is stayed by superior Court then period of one year is to reckoned from vacation of stay - Maintenance can be recovered for the period of one year earlier to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Written statement not filed inspite of repeated adjournments - Costs also imposed but not paid - Defendant not present and hence proceeded exparte - Application to set aside ex parte decree dismissed - Appeal against - Written statement not filed with appeal and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 90, 66-- Auction sale - Setting aside - Execution of exparte decree - Application for stay of execution filed in an application for setting aside exparte decree - Trial Court should not have proceeded to sell the property in post-haste manner - Sale of land without notice to J.D. on refusal report on an..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1)-- Preventive detention - Order challenged at pre-execution stage - Stay by High Court - Matter disposed of by High Court after 5 months - Order cannot be quashed on ground that it became stale...........
BOMBAY HIGH COURT
Year of decision: 2003
Details
Limitation Act, 1963, Section 15(1), Article 136-- Execution - Limitation - Deductions for period for which proceedings had been stayed - Permissible irrespective of the fact as to who had obtained such stay order from the Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 47-- Exparte decree - Execution - Objections - Decree alleged to be nullity as obtained without service of summons on the objector - Held, without moving an application to set aside the exparte decree or obtaining stay of execution of decree it does not lie in the mouth of the petitioner to say that..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 66, Civil Procedure Code, 1908, Order 9, Rule 13-- Execution - Exparte decree - Execution - Sale of property during pendency of application to set aside ex parte decree - Held, once there is an application for stay of execution proceedings in an application for setting aside ex parte decree, trial Court should not proceed to sell the property in..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Expression `special circumstances' not defined in Civil Procedure Code nor capable of any precise definition by Court - Non - service of summons - A special circumstance - Court to determine whether circumstances pleaded so unusual or extraordinary as to justify setting aside decree and to grant..........

Showing : 61-70 of 110 Results