Negotiable Instruments Act, 1881, Section 138- - Dishonour of cheque - Conviction - Appeal - Stay of execution of order - Amount mentioned in the cheque, which was dishonoured was Rs.4,65,000/- - Condition to deposit amount of Rs.2.5 lakh - Challenge as to - Held, considering the facts and circumstances of the case, this Court is of the view..........
Civil Procedure Code, 1908, Order 21, Rule 26, Civil Procedure Code, 1908, Order 9, Rule 13-- Execution of ex-parte money decree - Defendant moved application U.O.9.R.13 CPC which was dismissed - Contemporaneously, defendant also filed application U.O.21.R.26 CPC seeking stay of execution proceedings - Execution proceedings ordered to be stayed subject to defendant furnishing bank..........
Civil Procedure Code, 1908, Order 21, Rule 26-- Execution - Mere pendency of writ petition does not amount to stay of execution proceedings - Unless and until a stay order is presented Executing Court is free to execute the decree...........
Civil Procedure Code, 1908, Order 21, Rule 89, Limitation Act, 1963, Article 127-- Auction sale - Setting aside - Limitation - Extension of period of limitation during which stay of execution was granted - Held, stay whether obtained by J.D. or by any other person is not relevant for consideration - The only question relevant for consideration is whether J.D. could have taken..........
Limitation Act, 1963, Section 3, Article 127, Civil Procedure Code, 1908, Order 21, Rule 89-- Setting aside of auction sale - Limitation - Extension of period during which stay of execution was granted - Relevant question for consideration is whether J.D. was prevented from taking any further steps in the execution proceedings and not whether it was J.D. or some other person who has..........
Punjab Pre-emption Act, 1913, Section 19-- Suit for ejectment of tenant decreed - Tenant continued in possession after ejectment order - Order of ejectment stayed by the appellate authority - Landowner selling land despite stay order - Held, ejectment order obtained by landlord, against the tenant, although not executed, puts an end to the..........
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..........
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...........
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..........
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..........
