Showing : 31-40 of 107 Results

SUPREME COURT OF INDIA
Year of decision: 2009
Details
Limitation Act, 1963, Section 3, Article 127, Civil Procedure Code, 1908, Order 21, Rule 89-- Setting aside of auction sale - Limitation - Extension of period during which stay of execution was granted - Relevant question for consideration is whether J.D. was prevented from taking any further steps in the execution proceedings and not whether it was J.D. or some other person who has..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Punjab Pre-emption Act, 1913, Section 19-- Suit for ejectment of tenant decreed - Tenant continued in possession after ejectment order - Order of ejectment stayed by the appellate authority - Landowner selling land despite stay order - Held, ejectment order obtained by landlord, against the tenant, although not executed, puts an end to the..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Rent and Eviction-- Eviction order or decree - Appeal or revision - Stay of execution of eviction order - Revisional or Appellate Court can grant stay of execution of eviction order or decree on terms, including a direction to pay monthly rent at a rate higher than the contractual rent - Amount so fixed should not be..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 125(3), Limitation Act, 1963, Section 15-- Maintenance - Execution - Limitation - One year - Limitation for filing application for execution is to be computed upon excluding the period during which the order of stay was operating...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 41, Rule 1-- Appeal - Filing of an appeal is not an automatic stay of execution of decree - During pendency of appeal it is possible for the decree holder to get the decree executed - Execution of decree during pendency of appeal is subject to the restitution of property in the event the appeal is allowed and..........
JHARKHAND HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 21, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, Constitution of India, 1950, Article 226-- Execution proceeding - Writ petition - Original decree holders have no objection for approximately 3.5 decimals of land to be retained by respondent No.7 as per the court's order - Even they have no objection in vacating the stay granted by High Court so long as respondent No.7 is not doing any..........
KERALA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Section 10-- Pendency of execution proceedings in the previously instituted suit is not a ground to stay the subsequent suit...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 41, Rule 1(3)-- Money decree - Stay of execution - An exceptional case has to be made out for stay of execution of a money decree...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 41, Rule 1(3)-- Money decree - Stay of execution - Court while granting stay of execution of the decree must take into consideration the facts and circumstances of the case - Court is not to act arbitrarily either way - If a stay is granted, sufficient cause must be shown, which means that the materials on record..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Civil Procedure Code, 1908, Order 21, Rule 26, Arbitration and Conciliation Act, 1996, Section 26-- Exparte arbitration award - Execution - Application to stay execution and an application u/s 34 of Arbitration Act to set aside exparte award - Application filed beyond period of 90 days - No misconduct alleged against the arbitrator - Respondent deliberately stayed away from the arbitration..........

Showing : 31-40 of 107 Results