Search Results for "Stay of Execution"

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Search Results for "Stay of Execution"

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High Court

Bombay High Court Sets Aside Unconditional Stay of Eviction Decree for Open Land Not Covered by Rent Control Act. Appellate Court Directed to Reconsider Stay Application Applying Correct Principles of Irreparable Loss and Balance of Convenience.

14 Jul 2017

The Petitioner, Mr. Mujibur Rehman Haji Israr Alam Siddiqui, filed a Writ Petition under Article 227 of the Constitution of India challenging an order...

High Court

Bombay High Court Partially Allows Petition Against Appellate Court's Order Directing Deposit of Fair Market Rent as Pre-condition for Stay of Eviction Decree in License Case. The court held that the principle of Atma Ram Properties applies to licensees but the Appellate Court cannot split the period of unlawful occupation; the licensee must deposit contractual compensation from termination of license till disposal of appeal.

27 Sep 2024

The petitioner, Safset Agencies Private Ltd., a company dealing in art, was a licensee under a Leave and Licence Agreement dated 25 September 2006 wit...

High Court

Bombay High Court at Goa Quashes Deposit Order in Appeal Under Order 41 Rule 1(3) CPC — No Stay Application Filed by Appellant. Order directing deposit of decreetal amount set aside as condition for stay cannot be imposed without appellant seeking stay under Order 41 Rule 1(3) of Code of Civil Procedure, 1908.

4 Aug 2010

The petitioners/defendants challenged an order dated 18/06/2010 passed by the first appellate court directing them to deposit the decreetal amount of ...

High Court

High Court of Karnataka Quashes Execution Court Order Dismissing Stay Application Under Order 21 Rule 29 CPC for Non-Prosecution — Petitioner's Right to Seek Stay Revived. Dismissal for default does not bar a fresh application or restoration as it is not a decision on merits.

27 Feb 2025

The petitioner, Sanjeev Doddamani, was the plaintiff in O.S.No.570 of 2022 filed for recovery of money. The suit was decreed ex-parte against the resp...

High Court

Bombay High Court Dismisses Injunction Application in Testamentary Suit — No Stay of Execution of Partition Decree. Pendency of testamentary suit does not automatically stay execution of a civil court decree for partition and accounts.

13 Jun 2023

The applicant, Sukumar Bhoja Shetty, filed a Notice of Motion in Testamentary Suit No. 113 of 2017 seeking an injunction to restrain the defendant, Ga...

High Court

Bombay High Court Allows Withdrawal of Court Deposits by Former Employee Despite Appellant's CIRP — Section 14 IBC Moratorium Does Not Bar Withdrawal of Pre-CIRP Deposits Made by Corporate Debtor. The court held that the deposit made by the corporate debtor as a condition for stay of execution is not an asset of the corporate debtor and is not covered by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016.

4 Jan 2023

The case involves an Interim Application filed by Rajendra Prasad Bansal (respondent in the First Appeal) seeking withdrawal of monies deposited by th...

High Court

Bombay High Court Dismisses Petitions Challenging Executing Court's Refusal to Stay Execution in Mundkar Rights Claim. Court holds that mere filing of a declaration suit before Mamlatdar does not create a right to stay execution proceedings under Order XXI Rule 97, 99, 101 CPC.

15 Apr 2024

The petitioners, Lawrance Pereira and Juliana Pereira, filed Writ Petition No. 611 of 2023 challenging the order dated 06.09.2023 passed by the Execut...

Supreme Court

Supreme Court Allows Appeal in Preemption Decree Default Case – Stay of Execution Did Not Extend Time for Deposit. Interpretation of Order XX Rule 14 CPC Concerning Automatic Extension of Time After Stay.

24 Oct 1968

The Supreme Court considered the effect of a stay of execution on a time-bound direction to deposit purchase money in a preemption decree. The decree-...

Supreme Court

Supreme Court Dismisses Special Leave Petition Against Delhi High Court’s Unconditional Stay of Money Decree Under Order XLI Rule 5 CPC. Execution of Trademark Infringement Money Decree Stayed Without Deposit Pending Appeal, Upheld by Apex Court Citing Sufficient Cause.

24 Sep 2025

The dispute arose from a civil suit instituted by Lifestyle Equities C.V. and anor, claiming to be the proprietor of the Beverly Hills Polo Club trade...

High Court

Bombay High Court Dismisses Judgment Debtor in Execution Proceedings - Order XXI Rule 29 CPC Stay Application Rejected as Suit Not Pending in Same Court. Suit for Injunction Filed by Legal Representatives of Deceased Judgment Debtor Cannot Stay Execution of Decree Attained Finality Up to Supreme Court as Requirements of Order XXI Rule 29 Not Met.

1 Mar 2018

The dispute arose from a suit for specific performance and cancellation of a sale deed (RCS No. 319 of 2000) filed by late Balu Bhuji Lale against Ana...

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