Del. HC: Detailed Reasons Not to be Given by Arbitrator When Granting Request to Summon Witnesses  ||  Del. HC: Detailed Reasons Not to be Given by Arbitrator When Granting Request to Summon Witnesses  ||  SC: Before Decision of Arrest, Materials Exonerating Accused Must also be Considered  ||  HP HC: No Requirement of Practicing for 7 Years for Appointment as District Judge  ||  SC: For Smooth Functioning of CIC, Commissioner has Power to Form Benches & Frame Regulations  ||  SC: BMW Directed to Pay Rs. 50 Lakhs as Compensation for Supply of Defective Car  ||  SC: Before Initiating Trap Proceedings against Public Servants, Demand of Bribery to be Verified  ||  Supreme Court: Cannot Include Confession Made before Police in Charge Sheet  ||  Kerala High Court: Imposition of Unaffordable Cost is Akin to Denial of Relief  ||  SC: People Can’t be Asked to Prove Citizenship on Mere Suspicion Without Sharing Material    

Kerala HC: Order XLI Rule 5 CPC Only Permits Stay of Execution of Decree, Not Stay of Judgment - (10 Nov 2021)

CIVIL

Kerala High Court has held that Order XLI Rule 5 of the Code of Civil Procedure, 1908 only provides for stay of the proceedings under a decree or stay of execution of the decree and does not empower the appellate court to stay the operation of the judgment. The Court has allowed the original petition (Civil) with a direction to the appellate court to consider the application for stay afresh and to pass orders after affording an opportunity of hearing to the parties.

Tags : KERALA HIGH COURT   STAY OF EXECUTION OF DECREE  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved