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Showing posts with label stay. Show all posts
Showing posts with label stay. Show all posts
Sunday, 28 August 2022

Are directions of the Supreme Court in Asian Resurfacing of Road Agency Private Limited applicable to interim orders that do not stay the trial of civil or criminal cases?

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  To be more specific, the issue as urged by the petitioner is as to whether the observations of the Supreme Court in paragraph 36 of its de...
Sunday, 14 November 2021

Whether Appellate court can stay operation of Judgment while granting stay as per O 41 R 5 of CPC?

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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...
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...
Saturday, 17 October 2020

Whether lower court can refuse to proceed with the trial of case after expiry of six months if high court has not vacated the stay?

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we are constrained to point out that in our directions contained in the judgment delivered in Criminal Appeal Nos. 1375-1376 of 2013 [ Asian...
Thursday, 26 September 2019

Supreme Court: Maintenance order passed under S 125 of CRPC should be stayed in exceptional circumstances

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 We are constrained to observe that this order shows total non-application of mind on the part of the High court.  This was a case whe...
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...
Monday, 4 February 2019

Whether High court can stay an order before it is passed by subordinate court?

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 In our considered view, the High Court ought not to have issued directions of this nature. It was legally not permissible to do so.  Ind...
Sunday, 11 November 2018

Whether case can be remanded if justifiable reason is not given for grant or rejection of interim stay?

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 The reason to remand the case has occasioned due to the fact that firstly, no adequate reason is given in the impugned order for not gran...
Wednesday, 15 August 2018

Whether interim maintenance granted to child can be stayed if he is not ready to meet his father?

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The only remedial measure in such situation is to counsel the child so that he will be ready to have access with his father but staying...
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...
Saturday, 12 May 2018

Notes on Civil appeal

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APPEALS FROM ORIGINAL DECREE: S 96-99A .Order 41 of CPC. The word appeal has not been defined in the code. The term refers to the...
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...
Sunday, 18 September 2016

Supreme Court: Precaution to be taken by Court while passing injunction order and stay order

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On this occasion, we must refer to the mechanical manner in which some of the courts have been granting interim orders - injunctions and s...
Thursday, 15 September 2016

Whether proceeding for grant of succession certificate can be stayed during pendency of civil suit?

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The short question involved in this case is whether Section 10 of the Code of Civil Procedure, 1908 (for brevity, "the Code") is...
Sunday, 24 July 2016

Whether court should stay departmental enquiry pending criminal trial?

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Having once noted the fact and circumstances so recorded above and   also   the   fact   that   the   Petitioner   has   actually   partic...

Whether court should stay departmental enquiry pending criminal trial?

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Having once noted the fact and circumstances so recorded above and   also   the   fact   that   the   Petitioner   has   actually   partic...
Sunday, 8 May 2016

When arbitration award will become unexecutable?

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In the case of National Aluminum Co. Ltd. (supra), during the course of hearing before the Supreme Court, a request was made that since ...
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Friday, 15 April 2016

Whether District Judge can grant stay to show cause notice issued by civil judge under O 39 R 11 of CPC?

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  Mr. S.R. Rivankar submitted that in the present case the conclusion is already reached by the learned Civil Judge and issuance of show ...
Saturday, 14 March 2015

Whether decree is executable when appeal is remanded?

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IN THE HIGH COURT OF CALCUTTA G.A. No. 1463 of 2001 Decided On:  08.10.2002 Appellants:  Kanchan Udyag Ltd. Vs. Respondent:  McDowe...
Thursday, 10 May 2012

Whether lower court should not proceed with matter if proceeding is pending in high court?

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Normally, when this Court is ceased of the matter, it is expected of the subordinate courts to stay their hands away. It is difficult to ...