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Showing posts with label stay of execution. Show all posts
Showing posts with label stay of execution. Show all posts
Tuesday, 8 September 2026

Bombay HC: What procedure the Executing court should follow if conditional stay is granted by higher court?

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 Having regard to the aforesaid discussion, it becomes necessary to clarify the position so that such situations do not arise repeatedly. Wh...
Sunday, 15 June 2025

What conditions can be imposed by appellate court while staying decree of eviction?

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 Appellate courts in India have significant discretionary power to impose reasonable conditions when granting stays on eviction decrees. The...
Saturday, 25 May 2024

Supreme Court: Application For Compensation by Landlord at belated stage Can't Be Entertained When Appeal Is Ready For Final Hearing

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 In my opinion if Interim Application as per the ratio laid  down by the judgment of Atma Ram Properties (supra) is preferred  in a short sp...
Friday, 6 October 2023

Whether the court can stay execution of award passed under MV Act during pendency of application for condonation of delay in filing of appeal?

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However, what the Hon’ble Andhra Pradesh High Court with  respect, does not appear to have considered is what has been considered  by the Di...
Sunday, 31 October 2021

In an appeal against eviction decree under The Transfer of Property Act court should give interim compensation from which date?

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This now only leaves me to decide that in the facts of the present case what would be the date from which interim compensation ought to have...
Thursday, 19 August 2021

Whether dismissal of stay application in execution application will operate as res judicata in subsequent proceedings?

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    An application for stay of execution does not have any trapping of a decree as is contained in Order XXI Rules 101 & 103 of the Code...
Saturday, 26 December 2020

Can the court fix interim compensation based on the tenanted property's purchase price while staying eviction decree?

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The only legitimate basis for working out interim compensation in our case appears to be the actual price paid for the suit property (i.e. e...
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...
Thursday, 31 October 2019

Supreme Court: Government is not entitled to get unconditional stay to execution of arbitration award

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 It may be true that the Code of Civil Procedure provides for a differential treatment to the Government in certain cases, but the same ma...
Thursday, 28 February 2019

Whether appellate court can grant stay to execution of decree if application for condonation of delay is not decided within sixty days?

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 In Bhagwan Godsay (supra), the Division Bench was also seized of the question whether the use of the word 'shall' in Order XLI, R...
Sunday, 25 November 2018

Whether it is mandatory for court to impose conditions while granting stay to execution of arbitration award?

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A bare perusal of the provisions of Section 36 shows that the jurisdiction so conferred on the Court is a discretionary jurisdiction. The ...
Wednesday, 30 May 2018

Supreme court: Trial of Civil / criminal cases can not be stayed for more than six months

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 In view of above, situation of proceedings remaining pending for long on account of stay needs to be remedied.  Remedy is required not on...
Friday, 16 March 2018

Whether amended S 36 of arbitration Act will be applicable to application U/S 34 on date of commencement of amendment Act?

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In Narhari Shivram Shet Narvekar v. Pannalal Umediram (1976) 3 SCC 203 at 207, this Court, following Lalji Raja (supra), held as follow...
Sunday, 18 February 2018

Whether monetary benefits derived by tenant can be considered by court while granting stay to execution of eviction decree?

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 It was the submission of Shri Sanglikar that in terms of the Judgment of the Learned Single Judge in Chandrakant Dhanu's case, the P...
Sunday, 14 January 2018

Whether award debtor should obtain stay to execution of award if arbitration proceeding commenced prior to coming in to force of Amendment Act 2015?

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In State of Bombay (in both the appeals) v. 1. Supreme General Films Exchange Ltd. and 2. Arati Cotton Mills Ltd. reported in MANU/SC/00...
Sunday, 7 January 2018

Whether requirement to make application for stay and furnishing security provided under Arbitration amendment Act 2015 is retrospective in nature?

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In such a situation, it would have to be considered, independent of Section 26 of the Amending Act, as to whether the amended provisions a...

Whether appellate court can stay eviction order with condition to deposit entire arrears of rent as claimed by landlord?

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The jurisdiction of Rent Control Appellate Authority in granting stay of the operation of the order of eviction granted by the Rent Contro...
Friday, 1 December 2017

When court should not stay execution of decree?

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I have carefully considered the submissions advanced by the learned Counsel appearing for the respective parties. Since the impugned order...
Wednesday, 1 November 2017

Whether a person can be precluded from challenging the order if he has obtained stay to its execution?

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It is now trite that the principle of estoppel has no application when statutory rights and liabilities are involved. It cannot imped righ...