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Showing posts with label O 41 R 5 of CPC. Show all posts
Showing posts with label O 41 R 5 of CPC. Show all posts
Sunday, 12 January 2025

Supreme Court: What conditions the Appellate court should impose while staying execution of money decree?

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11. To the same effect is the decision of this Court in Sihor Nagar Palika Bureau v. Bhabhlubhai Virabhai & Co.   MANU/SC/0315/2005 : (2...

What principles the appellate court should follow while deciding stay application in appeal preferred against money decree?

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11. To the same effect is the decision of this Court in Sihor Nagar Palika Bureau v. Bhabhlubhai Virabhai & Co., [MANU/SC/0315/2005 : 20...
Thursday, 25 April 2024

Kerala HC: Appellate court can only stay execution of decree and not stay the operation of the judgment

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Going by the plain meaning of Order XLI Rule 5, it provides for only stay of the proceedings under a decree or stay of execution of the decr...
Saturday, 28 January 2023

Whether Filing Of Appeal Would Operate As A Stay Of Decree?

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  Though, such contention is put forth by the respondents, keeping in view the provisions as contained in Order 41 Rule 5 of CPC, unless the...
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Tuesday, 21 April 2020

When should appellate court suspend the operation of the order of lower court during pendency of appeal?

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The petitioner alleges that the decree of the trial court entails serious civil consequences and that pursuant to the decree, the plaintif...

Whether the court should dismiss the civil appeal if the appellant fails to comply with the condition imposed for a stay of execution?

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 We may, however, notice that although the provisions of Sub-rule (3) of Rule 1 of Order XLI have been held not to be mandatory, this Cour...
Sunday, 5 January 2020

Whether appellate court should determine mesne profits for determining interim compensation while staying eviction decree?

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  If this Court indulges in a threadbare analysis and judicially determines the relative merits of the rival mesne profits reports at an...

Bombay HC: Scope of inquiry for grant on interim compensation while granting stay to eviction decree

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This Court in Previn Govind Sharma v. Dinyar Jal Jamshedji     Decided on 21st June 2019   has considered the issue in detail. After exa...
Thursday, 23 August 2012

Supreme Court: Money decree can be stayed in exceptional cases

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 Even if the said provision is not mandatory, the purpose for which such a provision has been inserted should be taken into consideration....