Showing : 81-90 of 114 Results

KERALA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 21, Rule 26-- Appeal - Pendency of application for condoning delay - Appellate Court, till then, is prevented from considering the application for stay of execution - Held, Executing Court can grant stay of execution in the meantime invoking the power U.O.21.R.26 CPC...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Specific Relief Act, Section 28-- Power of trial Court to grant extension of time in the light of peremptory order that suit shall be deemed to have been dismissed ab initio if plaintiff failed to deposit balance sale consideration within six months - Appellate Court stayed operation of judgment and decree of trial Court after..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 115, Order 21, Rule 21-- Execution of money decree - Mortgaged property ordered to be sold - Stay of sale - Revision - Revisional Court modifying rate of interest and waiving part of interest - Not correct - It is not open to High Court in revision arising out of execution proceedings to work out amount of loan due and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 11-- Res judicata, applicability to execution proceedings - Second application for stay of execution proceedings after dismissal of first application - Does not lie...........
KERALA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Execution - Stay - Pendente lite purchaser - When a pendente lite purchaser challenges a decree which is binding on him, the Court has a duty to find out whether any case has been made out to stay the execution of the decree - Stay application cannot be rejected on the sole ground that he is a..........
KERALA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution - If the party is able to prove that he has incurred a substantial loss and that he has got a fairly arguable question, then the Court has certainly enough to grant a stay - Delay is one of the factors which would also weigh the mind of Court in granting the stay...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Stay of execution of order passed by Revenue Court - Civil Court would be reluctant and slow to interfere - When a person is taking possession in accordance with law - Improper to attract provisions of Order 39 Rules 1 and 2 - Defendant should not be restrained from executing orders of Revenue..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Limitation Act, 1963, Article 136-- Execution - Limitation - Appeal pending - Even if no stay of execution is granted during the course of appeal, period of limitation is to be reckoned from date of decision of appeal...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1998
Details
Limitation Act, 1963, Article 136-- Execution of decree - Even if no stay granted during course of appeal - Period of limitation to be reckoned from date of Appellate Court decree - Diwan Singh's case 1997 (2) PLJ 100 Dissented - Period of limitation has to be reckoned from date of appellate decree and not from date of original..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 41, Rule 6(2), 5-- Stay of sale of property attached in execution proceedings - No concept of automatic stay of sale of property in execution - Provisions of Rule 6(1) and 6(2) proceed on the premise that sufficient cause should be shown to Court and then alone Court would exercise discretion - Mere fact that..........

Showing : 81-90 of 114 Results