Showing : 71-80 of 131 Results

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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 41, Rule 6(2)-- Execution of decree - Stay of - Imposition of condition - Nothing in Order 41 Rule 6(2) CPC which may deter the Court from imposing a condition while staying the sale of immovable property - Order imposing condition that JD-petitioner would deposit the whole decreetal amount in the executing Court..........
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..........
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 - Contractual rent Rs.371.90 since 1944 - Premises situated in prime commercial locality - Tenant directed to pay Rs.15, 000/- per month as charges for use and occupation during pendency of appeal - No fault can be found with the approach adopted..........
KARNATAKA HIGH COURT
Year of decision: 2004
Details
Criminal Procedure Code, 1973, Section 125(3)-- Maintenance - Recovery - Limitation is one year for making application for execution of maintenance order - However, where maintenance order is stayed by superior Court then period of one year is to reckoned from vacation of stay - Maintenance can be recovered for the period of one year earlier to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Exparte decree - Setting aside - Written statement not filed inspite of repeated adjournments - Costs also imposed but not paid - Defendant not present and hence proceeded exparte - Application to set aside ex parte decree dismissed - Appeal against - Written statement not filed with appeal and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 21, Rule 90, 66-- Auction sale - Setting aside - Execution of exparte decree - Application for stay of execution filed in an application for setting aside exparte decree - Trial Court should not have proceeded to sell the property in post-haste manner - Sale of land without notice to J.D. on refusal report on an..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1)-- Preventive detention - Order challenged at pre-execution stage - Stay by High Court - Matter disposed of by High Court after 5 months - Order cannot be quashed on ground that it became stale...........

Showing : 71-80 of 131 Results