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 appeal is filed beyond period of limitation..........
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 Appeal which was admitted but..........
Civil Procedure Code, 1908, Order 41, Rule 6(2) -- Execution of decree - Money decree - Auction sale - Staying of - Application for - Stay of auction sale by executing Court held mandatory even in a situation where stay has been declined by appellate Court under Rule 5 of Order 41 CPC - Only discretion the execution court enjoys is to impose such conditions as may be..........
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...........
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 exercised judicially and..........
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 rent...........
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 intention of continuing to reside there..........
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 suits of frivolous character are..........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Decree - Execution - Stay - Principles governing - Petitioner is required to make out sufficient cause - Sufficient cause is established if petitioner is able to prove that he would incur substantial loss, that there are fairly arguable questions and that the petitioner has come without delay...........
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 within 15 days of the..........
