Can a decree be Cancelled?

Can a decree be Cancelled?

Ans: Introduction: A decree which has been obtained by fraud can be cancelled by the same court which has passed the decree and the application filed. The party need not to file a fresh suit.

Under what circumstances a court can stay the execution of a decree?

Order-21 Rule-26: “When Court may stay execution-(1) the Court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgment-debtor to apply to the Court by which the decree was passed, or to any Court having …

Under what circumstances can a property be auctioned in execution proceedings?

A sale of immovable property in execution can be set aside also on the ground of material irregularity or fraud in publishing or conducting the sale, provided the applicant proves that he has sustained substantial injury by reason of such irregularity or fraud….

What is granted stay of execution?

A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. A stay can be granted automatically by operation of law or conventionally, when the parties in a civil or criminal case agree that no execution shall occur for a certain period.

How long is a stay of execution?

30 days

What does executed mean in jail?

An executed sentence means jail time….

What is vacating a death sentence?

A vacated judgment makes a previous legal judgment legally void. Another means of having a vacated judgment would be if the defendant dies prior to all appeals being exhausted.

What does it mean when an execution is reprieved?

The suspension of the execution of the death penalty for a period of time. Reprieve is generally an act of clemency that is extended to a prisoner in order to give him or her an opportunity to find a means or reason for reducing the sentence imposed.

What is the difference between a pardon and a reprieve?

Pardon – A pardon is a complete forgiveness and restores full rights of citizenship. But a pardon restores those rights. Those pardoned can apply to be expunged, and be able to say that you were not convicted of a crime. Reprieve – A reprieve is a delay or temporary suspension of punishment.

What is a suspended death sentence in China?

According to the criminal law chapter 5 (death penalty), sections 48, 50 and 51, it gives the death row inmate a two-year suspended sentence of the execution. This unique sentence is used to emphasize the seriousness of the crime and the mercy of the court, and has a centuries-old history in Chinese jurisprudence.

What is reprieved?

: to delay the punishment of (someone, such as a prisoner who is sentenced to death) : to prevent (something) from being closed, destroyed, etc., for a period of time. reprieve.

What does financial reprieve mean?

vb (tr) 1. ( Law) to postpone or remit the punishment of (a person, esp one condemned to death) 2. to give temporary relief to (a person or thing), esp from otherwise irrevocable harm: the government has reprieved the company with a huge loan.

Is suspension of sentence the same as reprieve?

The distinction between a reprieve and a suspension of sentence is that reprieve postpones the execution of the sentence to a day certain, whereas a suspension is for an indefinite time.

What’s a reprieve in law?

Definition from Nolo’s Plain-English Law Dictionary On occasion a reprieve has saved someone who was later found to be innocent. A reprieve is only a delay, not a pardon or reduction or commutation of the sentence. When the reprieve expires, the date for execution can be reset.

What does no reprieve mean?

1 to postpone or remit the punishment of (a person, esp. one condemned to death) 2 to give temporary relief to (a person or thing), esp. from otherwise irrevocable harm. the government has reprieved the company with a huge loan.