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    <title>2008 (12) TMI 837 - Supreme Court</title>
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    <description>Stay of execution in an appeal against a money decree is a discretionary and exceptional remedy, and the appellate court must act consistently with the requirement of deposit or security for the disputed amount. A blanket stay cannot be granted without sufficient cause shown on the record, and the court must record reasons showing why such relief is justified. The mere fact that the suit was under Order XXXVII, or that objections to maintainability may exist, does not by itself warrant complete suspension of execution. The stay of the decree in its entirety was therefore unsustainable, and conditional directions for deposit and security were substituted to protect the decretal amount.</description>
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    <pubDate>Thu, 18 Dec 2008 00:00:00 +0530</pubDate>
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      <title>2008 (12) TMI 837 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=456358</link>
      <description>Stay of execution in an appeal against a money decree is a discretionary and exceptional remedy, and the appellate court must act consistently with the requirement of deposit or security for the disputed amount. A blanket stay cannot be granted without sufficient cause shown on the record, and the court must record reasons showing why such relief is justified. The mere fact that the suit was under Order XXXVII, or that objections to maintainability may exist, does not by itself warrant complete suspension of execution. The stay of the decree in its entirety was therefore unsustainable, and conditional directions for deposit and security were substituted to protect the decretal amount.</description>
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      <pubDate>Thu, 18 Dec 2008 00:00:00 +0530</pubDate>
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