AI Overview...
-
Sufficient Reason for Stay of Execution - Courts, including the Supreme Court, can grant a stay of execution if there is sufficient cause or sufficient reason. The discretion is exercised based on the facts and circumstances of each case, and the party seeking stay must substantiate the cause (e.g., Subhas Kumar VS Sheo Balak - Patna, Saroj Kumar Misra VS State of Odisha (Vig. ) - Orissa, SHARMA KAPOOR AND CO. VS DAMAYANTI MISHRA - Calcutta).
-
Discretionary Power of Courts - The power to stay execution is discretionary and not absolute. Courts evaluate whether the reasons provided are adequate to justify a stay, considering factors like the risk of injustice or tainting of the decree (e.g., Subhas Kumar VS Sheo Balak - Patna, Saroj Kumar Misra VS State of Odisha (Vig. ) - Orissa).
-
Legal Principles and Relevant Provisions - Under Order XLVII Rule 1 of the Civil Procedure Code, review or stay requests require sufficient reasons. The Supreme Court has emphasized that mere assertions are insufficient; parties must demonstrate substantial grounds (e.g., HEMANTA KUMAR CHAUDHURY VS SUMITRA DEVI - Calcutta, Subhas Kumar VS Sheo Balak - Patna).
-
Stay on Sufficient Cause in Appellate Context - An appellate court may stay execution on sufficient cause, but this is granted on terms deemed fit by the court. The appeal itself does not automatically stay execution; specific reasons are necessary (e.g., S. V. M. Nagavairavasundaram VS S. Bageerathan - Madras, SHARMA KAPOOR AND CO. VS DAMAYANTI MISHRA - Calcutta).
-
Limitations and Conditions - Courts may demand security for the due performance of a decree before granting a stay, and such powers are constrained by statutory provisions. The absence of clear legal provisions limits courts' authority to demand security or to stay execution without proper cause (e.g., DEOCHAND VS SHIV RAM - Bombay).
-
Judicial Review and Binding Decisions - Failure to consider binding decisions of higher courts or Supreme Court judgments can be grounds for review or appeal, emphasizing the importance of reasons and proper application of legal principles in stay orders (e.g., Linda Dsouza E Fernandes VS Luis Antonio Romualdo - Bombay).
Analysis and Conclusion:
The Supreme Court and other courts recognize that the power to stay execution is discretionary and hinges on demonstrating sufficient cause or sufficient reason. Courts are cautious to ensure that stays are granted only when justified, preventing abuse and ensuring justice. The principles are rooted in statutory provisions like Order XLVII Rule 1 CPC, and courts require clear, substantial reasons before granting such relief. Proper application of these principles ensures that stays are not granted arbitrarily but are based on genuine causes that warrant judicial intervention.
Search Results for "Supreme Court Judgements on Execution Court can Grant Stay on Sufficient Reason"
1987 0 Supreme(Cal) 304 • India - Calcutta
BIMAL CHANDRA BASAK, SATYABRATA MITRA
DISCRETIONARY POWER OF SUPREME COURT - ORDER XLVII RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908 - SUFFICIENT REASON - LIMITATION. ... not shown any sufficient reason to review the judgment and order. ... The Court also held that there was no sufficient reason to review the judgment and order dated 5th May 1987. Issues: 1. ... The only possible ground is "for any other sufficient reason. " The circu....
2007 0 Supreme(Cal) 54 • India - Calcutta
PRATAP KUMAR RAY
Ratio decidendi of Supreme Court judgments in Atma Ram Properties (P) Ltd. v. ... Whether ratio decidendi of Supreme Court judgments in Atma Ram Properties (P) Ltd. v. ... Tenant applied for stay of execution of decree. ... may for sufficient cause order stay of execution of such decree. ... Stay by Appellate Court.- (1) An appeal shall not operate as a #HL_STAR....
1975 0 Supreme(Pat) 96 • India - Patna
MADAN MOHAN PRASAD
to stay execution is discretionary and that the court should consider whether there is sufficient cause to grant a stay. ... The principles governing stay of execution include whether there is sufficient cause to grant a stay, whether the decree is tainted ... ORDER XXI, RULE 29, CIVIL PROCEDURE CODE - STAY OF EXECUTION - DISCRETIONARY POWER OF COURT#H....
1986 0 Supreme(Raj) 160 • India - Rajasthan
G.N.BHARGAVA
C. can be invoked to implead legal representatives after the expiry of the limitation period without showing sufficient cause? ... C. were not applicable as the appellant did not file an application under these provisions and did not show sufficient cause for ... C. can be invoked to implead legal representatives after the expiry of the limitation period only if sufficient cause is shown for ... obtain any stay order from Honble the Supreme Court. ... However, in the interest of justic....
1974 0 Supreme(Mad) 142 • India - Madras
P.S.KAILASAM, MAHARAJAN
HOLDINGS (STAY OF EXECUTION PROCEEDINGS) ACT, 1950 - SEC. 4 - DEFAULT IN PAYMENT OF RENT - EFFECT - EVICTION OF TENANTS - PROTECTION ... Therefore, the court held that the tenants' failure to pay the rent due was a sufficient ground to deny them the protection of the ... The tenants failed to pay the rent due and the landlord filed an execution petition in 1951. ... There was, therefore, no reason why the court could refuse to order delivery of possession". ... The re....
1985 0 Supreme(Cal) 233 • India - Calcutta
C.K.BANERJEE
The plaintiff made two applications in the Indian court, one for execution of the said foreign judgment and the other inter alia ... Final Decision: The court allowed the plaintiff's applications for execution of the foreign judgment and for leave to execute ... FOREIGN JUDGEMENT - [KEYWORD] - [SUBJECT] - [ACT SECTION LIST] - [SUMMARY] Fact of the Case: The plaintiff-decree ... The proceeding, in New York would thus in effect be ex parte and result in injustice to the Indian film Considering the balan....
2018 0 Supreme(Ori) 407 • India - Orissa
S.K.SAHOO
has not assigned any specific reason for convicting the petitioner u/s. 13 (2) read with Sec. 13 (1) (d) of the 1988 Act - In the ... up for hearing and decided finally much water will be flown under the bridge - Petitioner has made out an exceptional case for stay ... can alone show whether the Court has applied its mind to all the facts and circumstances relevant to the point in dispute - Reasons ... While passing the said Order, the High Court did not assign any special reasons. Pos....
1964 0 Supreme(Bom) 49 • India - Bombay
S.M.SIKRI, J.R.MUDHOLKAR, RAGHUBAR DAYAL
XLV, R. 13 - EXECUTION OF DECREE - SECURITY FOR DUE PERFORMANCE OF DECREE - POWER OF COURT TO DEMAND SECURITY AFTER EXECUTION OF ... The Court further held that there was no provision in the Code of Civil Procedure or the Supreme Court Rules empowering the Court ... the execution of the decree, only when the Court is dealing with the question whether the execution of the decree be allowed or ... Section IV, however....
1992 0 Supreme(Mad) 160 • India - Madras
MISHRA
, nor shall execution of a decree be stayed by reason only of an appeal having, been preferred from the decree; but the Appellate Court may for sufficient cause order stay of execution of such decree on such terms and conditions as the Court deems fit and may, when the appeal is against a preliminary ... It is for this reason that I think it is necessary to state that it will be always reasonable for the Court passing the decree to ....
2018 0 Supreme(Bom) 2661 • India - Bombay
NUTAN D.SARDESSAI
decision of High Court or the Supreme Court on a point covered by its judgment failure to notice a decision on a question of law ... of the Supreme Court, which is law of land same thing as failure to notice a binding decision of High Court – So we would divide ... the question into two failure to notice a decision of Supreme Court failure to notice a binding decision of High Court – failure ... reason, desires to ....
Filter by Legal Phrase
