Showing : 61-70 of 125 Results

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..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Hindu Marriage Act, 1955, Section 1(2)-- Applicability of the Act - Domicile of India is a condition precedent for invoking the provisions of Hindu Marriage Act - Principles governing domicile are: (a) Domicile of origin i.e. by birth and domicile of choice i.e. residing in a country other than that of his domicile of origin with..........
ORISSA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Decree - Execution - Stay - Decree remains in force till it is set aside - It should not be lightly dealt with on the basis of surmises and conjectures that in the suit filed subsequently the same may be set aside - A person should not be deprived of the fruits of the decree merely because of..........
RAJASTHAN HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 21, Rule 99, 101-- Stay of execution - Petition for stay not filed alongwith objection petition - Trial Court order that stay petition be decided after hearing both the parties and fixed the stay petition alongwith main file - Held, when petitioner is not vigilant and is responsible for the delay then he is not..........
KARNATAKA HIGH COURT
Year of decision: 2005
Details
Limitation Act, 1963, Section 15(1), Article 136-- Decree of specific performance - Execution in respect of half share stayed in a suit filed by third party - D.H. can claim benefit of excluding time of continuance of injunction order in its entirety, even though injunction order staying execution was operative only in respect of half of suit land..........
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..........

Showing : 61-70 of 125 Results