Civil Procedure Code, 1908, Section 115, Order 39, Rule 1 -- Stay granted irrespective of the fact that loss can be assessed in terms of money it is an order with material irregularity - Revision is maintainable...........
Civil Procedure Code, 1908, Section 141 -- Interim stay order granted by single Judge in a writ proceedings - Appeal to Division Bench does not lie...........
Stay -- Status-quo regarding possession - Can be ordered even before hearing other party - Restoring status-quo-ante of possession - Cannot be ordered without notice and hearing to other party concerned...........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 6, Rule 4 -- Discretion conferred on the Court by Rule 29 shall be exercised judicially and not mechanically as a matter of course - The Court should duly consider that a party who has obtained lawful decree is not deprived of the fruits of that decree except for good and cogent reasons. So..........
Civil Procedure Code, 1908, Section 37, Order 21, Rule 29 -- Stay of decree - Need not to be that of the trial Court - appellate decree to include the court of first instance...........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 39, Rule 1 -- Distinction - In one case order against the person, in other case order to the court to stay proceeding - The principles which govern stay of execution in general ought to be the principles which would govern the stay of execution under Order 21.R.29 of the Code. The legislature..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Grant of temporary injunction - Copy sight-order seeking temporary injunction restraining defendants from passing off their publication as that of the plaintiff - Stay granted...........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 5 -- Stay of suit in appeal or in revision - Interim reliefs can be granted - During the pendency of a stay order passed by the appellate or the revisional Court, although the trial Court or the Court below may not have any jurisdiction to proceed with the trial of the suit on merits, it can certainly take such other..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay order by appellate Court - Execution proceedings - Knowledge of stay order - All proceedings thereafter a nullity...........
Civil Procedure Code, 1908, Section 115 -- Interlocutory order - Refusal to grant ad-interim stay pending hearing of appeal When to be interfered in revision - Held that an erroneous decision even with regard to law would not necessarily furnish a ground for interference unless it concerned the jurisdiction of the Court - High Court ordinarily would refuse to interfere..........
