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, Section 80 -- Notification regarding charging of external development area fee - Challenged by way of writ petition - Separate permanent injunction suit seeking stay regarding charging of same - Filed without service of notice - Dispensing with application also filed - Relief competent in writ also - No urgency involved - Application for..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Plaint returned and filed in proper Court - Date of presentation of plaint in proper Court is the date of institution of suit for deciding application u/s 10 CPC...........
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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Advocate - Bonafide requirement - Property purchased by landlord - Plea that landlord has stayed in similar premises for 29 years - Plea is without any merit - A person has a right to improve his status and living conditions in his life - Mere fact that landlord continued to stay for long time in..........
