Showing : 71-80 of 117 Results

BOMBAY HIGH COURT
Year of decision: 2003
Details
Limitation Act, 1963, Section 15(1), Article 136-- Execution - Limitation - Deductions for period for which proceedings had been stayed - Permissible irrespective of the fact as to who had obtained such stay order from the Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 47-- Exparte decree - Execution - Objections - Decree alleged to be nullity as obtained without service of summons on the objector - Held, without moving an application to set aside the exparte decree or obtaining stay of execution of decree it does not lie in the mouth of the petitioner to say that..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 21, Rule 66, Civil Procedure Code, 1908, Order 9, Rule 13-- Execution - Exparte decree - Execution - Sale of property during pendency of application to set aside ex parte decree - Held, once there is an application for stay of execution proceedings in an application for setting aside ex parte decree, trial Court should not proceed to sell the property in..........
SUPREME COURT OF INDIA
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 37, Rule 4-- Expression `special circumstances' not defined in Civil Procedure Code nor capable of any precise definition by Court - Non - service of summons - A special circumstance - Court to determine whether circumstances pleaded so unusual or extraordinary as to justify setting aside decree and to grant..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Limitation Act, 1963, Article 136-- Limitation for execution of any decree or order of any Civil Court - 12 years from the date when decree or order becomes enforceable - Words 'when the decree or order becomes enforceable' in Article 136 - Must necessarily mean that in a case where decree has been subject matter of appeal, whether..........
RAJASTHAN HIGH COURT
Year of decision: 2002
Details
Limitation Act, 1963, Article 135, Civil Procedure Code, 1908, Order 41, Rule 5-- Execution - Mandatory decree - Appeal against - Merely filing of an appeal does not amount to stay or mere institution of appeal does not prevent D.H. to execute the decree unless appellate Court puts an embargo the decree is executable - If the appellate Court stays the execution proceedings then..........
MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MUMBAI
Year of decision: 2002
Details
Consumer Protection Act, 1986, Section 27-- Recall of order - State Commission passing execution of order directing OP-applicant to deposit Rs.1,07,000/- with it - In appeal, National Commission granting interim stay - Order passed in execution came to be passed since the interim order of the National Commission was not brought to the..........
KERALA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 41, Rule 1(3)-- Direction for deposit of decretal amount - Non compliance - It is only the application for stay of execution which can be dismissed and not the appeal...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Execution - Warrant of possession issued - Stay cannot be granted merely on the ground that a suit has been filed for setting aside the judgment and decree...........
RAJASTHAN HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97-- Stay of execution during pendency of application U.O.21.R.97 - Executing Court is competent to grant stay of execution under section 151 CPC...........

Showing : 71-80 of 117 Results