Civil Procedure Code, 1908, Order 41, Rule 5 -- Mere preferring of an appeal does not operate as stay on the decree or order appealed against nor on the proceedings in the Court below - Appellate Court is not ordained to grant an order of stay merely because an appeal has been preferred and an application for an order of stay has been made - Appellate Court while passing..........
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..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery - Limitation is one year for making application for execution of maintenance order - However, where maintenance order is stayed by superior Court then period of one year is to reckoned from vacation of stay - Maintenance can be recovered for the period of one year earlier to date of filing of recovery..........
Consumer Protection Act, 1986, Section 12(4) -- Stay of proceeding -Once the complaint case has been admitted for adjudication, the same has to be proceeded with and brought to a logical conclusion - Impugned judgment and order ordering the proceedings of the complaint case to remain stayed till the disposal of the civil suit held erroneous in law as well as on facts...........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Compensation - Interest - House allotment - Self Financing Scheme - Non delivery of possession - If the Authority has acted arbitrarily, or there is negligence in exercise of or non-exercising of power, then the Forum can award damages or interest having component of compensation - Grant of interest awarded by the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Written statement not filed inspite of repeated adjournments - Costs also imposed but not paid - Defendant not present and hence proceeded exparte - Application to set aside ex parte decree dismissed - Appeal against - Written statement not filed with appeal and defendant even not ready with..........
Civil Procedure Code, 1908, Order 21, Rule 90, 66 -- Auction sale - Setting aside - Execution of exparte decree - Application for stay of execution filed in an application for setting aside exparte decree - Trial Court should not have proceeded to sell the property in post-haste manner - Sale of land without notice to J.D. on refusal report on an application U.O.21.R.66..........
Service -- Departmental proceedings - Stay during pendency of criminal proceedings - Departmental proceedings and criminal case can go on simultaneously except where departmental proceedings and criminal case are based on same set of facts and evidence in both the proceedings is common and that the departmental enquiry will seriously prejudice the delinquent in his defence..........
Service -- Departmental proceedings - Stay during pendency of criminal case - Stay of departmental enquiry has to be determined in each case taking into consideration all the facts and circumstances of the case - Stay of departmental proceedings cannot be, and should not be, a matter of course...........
