Supreme Court Quashes Rajasthan Village Renaming, Says Government Must Follow its Own Policy  ||  NCLAT: NCLT Can Order Forensic Audit on its Own, No Separate Application Required  ||  NCLAT Reiterates That IBC Cannot be Invoked as a Recovery Tool for Contractual Disputes  ||  Delhi HC: DRI or Central Revenues Control Lab Presence in Delhi Alone Does Not Confer Jurisdiction  ||  Delhi High Court: Software Receipts Not Taxable on PE Basis Already Rejected by ITAT  ||  Delhi High Court: Statutory Appeals Cannot Be Denied Due to DRAT Vacancies or Administrative Delays  ||  J&K&L HC: Failure to Frame Limitation Issue Not Fatal; Courts May Examine Limitation Suo Motu  ||  Bombay HC: Preventing Feeding Stray Dogs at Society or Bus Stop is Not 'Wrongful Restraint'  ||  Gujarat HC: Not All Injuries Reduce Earning Capacity; Functional Disability Must Be Assessed  ||  Delhi HC: Framing of Charges is Interlocutory and Not Appealable under Section 21 of NIA Act    

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 2025 - All Rights Reserved