Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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salila (student)     29 September 2021

Decree execution

in decree execution to get save from jail , my friend accepted to money in instalments, lateron ,she gave consent to pay in lump sum on 5th oct.

now , it is possible to her get stay on decree execution within 15 days.

pl suggest whether ,can she give 16 days post dated cheque in decree.thus , if she gets stay form high court , in turn ,she will stay on cheque encashment.

kindly guide.thanks



Learning

 7 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     29 September 2021

Hello,

You have to convince the applicant to accept the 16 days post dated cheque instead of cash. If it is accepted by the applicant decree holder then court will pass necessary order for staying or disposing off the execution petition. 

1 Like

Shashi Dhara   29 September 2021

As it is civil case ,if you have engaged advocate he will handle it ,so 15days is not problem ,in civil suit if u go to jail then DHr has to pay daily bytaas jail charges if she don't pay he will be sent out of jail ,so not worry .

Dr J C Vashista (Advocate)     30 September 2021

Your friend has to consult his lawyer, who is well aware about facts of the case.

salila (student)     30 September 2021

thanks sir,

in many cases , i had seen execution court has allowed to pay money in many instalments. due to such attept, high court may issue stay execution order, in turn  ,situation for chq encashment may not occur.

again thanks for good guidance and sharing

Shashi Dhara   30 September 2021

October is full of holidays .

salila (student)     30 September 2021

BUT EXECUTING COURTS AT DISTT LEVEL HAVE LESSER HOLIDAYS

P. Venu (Advocate)     05 November 2021

The facts posted are less than convincing.In an EP, a lady cannot be sent to jail 


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