Showing : 41-50 of 124 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Rent and Eviction-- Eviction order or decree - Appeal or revision - Stay of execution of eviction order - Revisional or Appellate Court can grant stay of execution of eviction order or decree on terms, including a direction to pay monthly rent at a rate higher than the contractual rent - Amount so fixed should not be..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 125(3), Limitation Act, 1963, Section 15-- Maintenance - Execution - Limitation - One year - Limitation for filing application for execution is to be computed upon excluding the period during which the order of stay was operating...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 41, Rule 1-- Appeal - Filing of an appeal is not an automatic stay of execution of decree - During pendency of appeal it is possible for the decree holder to get the decree executed - Execution of decree during pendency of appeal is subject to the restitution of property in the event the appeal is allowed and..........
JHARKHAND HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 21, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, Constitution of India, 1950, Article 226-- Execution proceeding - Writ petition - Original decree holders have no objection for approximately 3.5 decimals of land to be retained by respondent No.7 as per the court's order - Even they have no objection in vacating the stay granted by High Court so long as respondent No.7 is not doing any..........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 10-- Pendency of execution proceedings in the previously instituted suit is not a ground to stay the subsequent suit...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 41, Rule 1(3)-- Money decree - Stay of execution - Court while granting stay of execution of the decree must take into consideration the facts and circumstances of the case - Court is not to act arbitrarily either way - If a stay is granted, sufficient cause must be shown, which means that the materials on record..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 41, Rule 1(3)-- Money decree - Stay of execution - An exceptional case has to be made out for stay of execution of a money decree...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 26, Arbitration and Conciliation Act, 1996, Section 26-- Exparte arbitration award - Execution - Application to stay execution and an application u/s 34 of Arbitration Act to set aside exparte award - Application filed beyond period of 90 days - No misconduct alleged against the arbitrator - Respondent deliberately stayed away from the arbitration..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 26-- Execution - Stay - Money decree - Stay granted subject to deposit of certain amount - Condition complied - D.H. taking stand that entire decree will be taken as satisfied if he is allowed to withdraw deposited amount alongwith interest accrued thereon - Decree modified accordingly...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
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...........

Showing : 41-50 of 124 Results