salila (student) 29 September 2021
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
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.
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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