Showing : 11-20 of 107 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution - Mere filing of an appeal does not operate as stay of execution - It is only the appellate Court which can stay the execution - However, Executing Court may stay the execution of the decree if J.D. has filed any suit against the decree holder...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 5(3)-- Second appeal - Stay of execution of decree - Formulation of substantial question of law is an imperative to proceed with the appeal - Court cannot proceed unless condition precedent is satisfied - Solely because Court has jurisdiction to pass an ex parte order, it does not empower it not to..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Execution - Stay of execution - O.21.R.29 CPC is in aid of doing justice to the parties and has to be exercised only in exceptional cases - Law is otherwise settled that execution of decree is not liable to be stayed, except for justifiable and good ground...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 21, Rule 29-- Stay of execution proceedings - Cannot be sought by a stranger to the decree...........
DELHI HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 5-- Appeal from decree - Stay of decree - Imposition of condition - Held, appellant cannot be heard to contend that it accepts order insofar as it stays execution but objects to conditions...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 5-- Stay of operation of the judgment, order and decree - It has the same effect as stay of execution of decree - Power of stay of operation of judgment, order and decree may not be technically available U.O.41.R.5 CPC but is traceable to S.151 CPC - Wherever any judgment, order and decree is likely..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Constitution of India, 1950, Article 227-- Restitution of possession - Suit for possession filed by decree-holders was decreed by first appellate Court - In wake of RSA filed by petitioners-JDs, operation of decree was stayed, subject to furnishing of security for a sum of Rs.5 crores - JDs neither handed over possession of property in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Stay of execution proceedings - Executing Court cannot stay the execution proceedings merely for the reason that a separate application U.O.9.R.13 CPC is filed...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 47, 151, Order 21, Rule 26-- Execution - Stay of execution - Court which passed the decree and Court in which execution is pending when different then unless the Court which passed the decree does not stay the execution of the decree, the Executing Court does not have the power to refuse to proceed further...........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Limitation Act, 1963, Article 136-- Decree - Execution - By a separate suit decree challenged to be result of fraud - Suit remained pending for 21 years - At no point of time, there was any order of any Court directing stay of operation of judgment and decree - Held, In the absence of any interdiction from any Court, the decree..........

Showing : 11-20 of 107 Results