Madras HC: Freedom of Religion Cannot Extend to Disturbing Peace Within Temple Premises  ||  Delhi HC: Lokpal Cannot Form a Prima Facie View on Corruption Without Hearing The Official  ||  MP High Court: DRT Cannot Restrict or Impose Conditions on a Person's Foreign Travel  ||  Bombay HC: Results of Dec 2 And 20 Local Body Election Must be Declared Together  ||  Delhi HC: Employment Disputes Cannot be Treated as Commercial Cases under the Act  ||  Supreme Court: Divorced Muslim Woman Can Reclaim Gifts Given to Husband at Marriage  ||  Supreme Court: Police and Courts Should Act as Initial Filters to Prevent Baseless Prosecutions  ||  SC: Maharashtra Can Acquire Land under Slum Areas Act, Respecting Owner's Preferential Rights  ||  Supreme Court: Excise Exemption on Cotton Fabrics is Denied if Any Related Process Uses Power  ||  NCLAT: IBC Auctions are Not Ordinary Contracts, and Market Volatility Does not Excuse Bid Defaults    

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