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Showing posts with label money decree. Show all posts
Showing posts with label money decree. 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...
Tuesday, 9 August 2022

Whether order of maintenance can be enforced as a money decree of a civil court as per the provisions of the CPC?

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  VI Final Directions (e) Enforcement / Execution of orders of maintenance For enforcement / execution of orders of maintenance, it is direc...
Tuesday, 21 April 2020

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...
Friday, 17 August 2018

Whether decree for damages can be treated as money decree?

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The expression decree for payment of money in Section 34 of the Civil Procedure Code Act V of 1908 is not to be understood as a technical ...
Sunday, 5 August 2018

Whether court can pass decree granting benefit of paying decretal amount in installments in mortgage suit?

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By virtue of Rule 4 read with Rule 2 of Order 34 C.P.C., in passing a preliminary decree, the Court shall fix a period (and that period mu...
Tuesday, 20 September 2016

Whether money decree can be executed using contempt of court jurisdiction?

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 This has also been reiterated by the Apex Court in the matter of MANU/SC/1031/2003 : (2004) 1 SCC 360 Bank of Baroda vs. Sadruddin Hasan ...
Wednesday, 6 April 2016

Procedure to be followed by executing court for prompt execution of money decree

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In cases for execution of decree for recovery of money, an important step is to ascertain the assets/means of the judgement debtor to sa...
Sunday, 17 May 2015

Whether salary of Judgment debtor can be attached for unlimited period of time in execution of money decree?

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  Bapu Gadgil Vs. Respondent:  Smt. Rama Hon'ble Judges/Coram: N.V. Dabholkar , J. Civil Procedure Code, 1908 - Section 60(1)(i...
Thursday, 23 August 2012

Bombay HC: Court should record special reasons for stay of execution of money decree

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 In my view exercise of power under Order 41, Rule 1(3) of Civil Procedure Code is also necessary looking to the amendment made by the Bomba...

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....