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...........
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..........
Civil Procedure Code, 1908, Section 115 -- Eviction order - Upheld upto Supreme Court - Objections in execution petition dismissed by trial court and appeal thereagainst also dismissed - Civil suit filed alongwith an application for ad interim injunction which was declined - Tenant then filed second objection petition reiterating objections earlier raised with additional..........
Civil Procedure Code, 1908, Section 115 -- Eviction order - Upheld upto Supreme Court - Objections in execution petition dismissed by trial court and appeal thereagainst also dismissed - Civil suit filed alongwith an application for ad interim injunction which was declined - Tenant then filed second objection petition reiterating objections earlier raised with additional..........
Consumer Protection Act, 1986, Section 25 -- Interim order - Execution proceedings - Restitution of the amount paid - Complaint allowed by the District Forum - In appeal the petitioner State Commission by interim order directed to release the payment to the complainant subject to furnishing security - Petitioner's appeal allowed - Held that the interim order of the..........
Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3) -- Eviction order - Appeal against - Stay of execution subject to payment of Rs.15, 000/- per month in addition to the contractual rate of rent - Tenant as per Delhi Rent Control Act does not include a person against whom an order or decree for eviction is passed -..........
Civil Procedure Code, 1908, Order 41, Rule 5, Delhi Rent Control Act, 1958, Section 2(l), 14(1)(b), 38(3) -- Eviction order - Appeal against - Stay of execution - Contractual rent Rs.371.90 since 1944 - Premises situated in prime commercial locality - Tenant directed to pay Rs.15, 000/- per month as charges for use and occupation during pendency of appeal - No fault can be..........
Civil Procedure Code, 1908, Section 47 -- Execution - Person claiming under the defendant or J.D. - Can challenge the decree or order by way of an appeal but cannot challenge the decree as being void or unenforceable in execution...........
Civil Procedure Code, 1908, Section 47, 2(2), Order 21, Rule 32 -- Execution - Objections - Determination of - Does not amount to decree - No appeal lies from such an order - Order of District Judge entertaining such appeal and holding that decree is not executable reversed - Executing Court to proceed with execution...........
