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..........
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..........
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...........
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..........
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..........
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..........
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..........
