Showing : 51-60 of 117 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
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...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
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..........
KARNATAKA HIGH COURT
Year of decision: 2006
Details
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 stay from Appellate..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
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 - Limitation for execution..........
DELHI HIGH COURT
Year of decision: 2006
Details
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...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Limitation Act, 1963, Article 136-- Execution - Limitation - 12 years - Starts to run from the date of passing of the decree - In case appeal is filed and appeal is decided on merits then starting point of limitation is the date when appeal is decided even in case there was no stay granted by appellate court - However, in case..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 41, Rule 6-- Execution proceedings - Stay of - Execution of judgment and decree passed by trial Court stayed by appellate Court subject to furnishing of bank guarantee by petitioner - Petitioner failed to comply with the order passed - His appeal was subsequently dismissed and he preferred Regular Second..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Section 55(3)-- Execution - Arrest of J.D. - Proceedings under Insolvency Act initiated by J.D. - Arrest of J.D. cannot be ordered during the pendency of proceedings under Insolvency Act irrespective of the fact whether any stay has been granted or not...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 41, Rule 1(3), 5-- Money decree - Appeal against - Stay of execution - Deposit of amount disputed in appeal or to furnish security is a condition precedent for grant of stay of execution of decree - However, it is discretion of Court to order deposit of amount or to furnish security and this discretion is to be..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Rent and Eviction-- Eviction order - Execution - Stay during pendency of appeal - Tenant can be put on such reasonable terms, as would reasonably compensate the decree holder for loss occasioned by delay in execution - Payment of mesne profits or compensation can be allowed which can be more than the contractual..........

Showing : 51-60 of 117 Results