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Results of restitution 144

Showing : 11-20 of 87 Results

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 144 -- Doctrine of restitution - Legally restitution is used in three senses: (i) return or restoration of some specific thing to its rightful owner or status; (ii) compensation for benefits derived from a wrong done to another; and (iii) compensation or reparation for the loss caused to another...........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 144 -- Doctrine of restitution - A remedy against unjust impoverishment or unjust enrichment...........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Section 144 -- Doctrine of restitution - When a decree is reversed, law imposes an obligation on the party, who received unjust benefit of an erroneous decree, to restitute the other party for what other party had lost during the period erroneous decree was in operation...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 144 -- Restitution - Where a party continues to be in possession of property in spite of passing of decree against it or where there was only a symbolic delivery of possession, a party who had been in possession of property, need not to file an application u/s 144 CPC - It only enables a party to take back the possession if he is..........

KERALA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 144, 151 -- Restitution - Erroneous decree - There is no fetter in the inherent jurisdiction of Court to remedy a wrong committed due to an erroneous decree - A serious injury is caused to defendant due to the knocking off its property in an execution sale under a decree which did not reflect the correct amount due - Advantage obtained..........

ALLAHABAD HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 144 -- Doctrine of restitution - Court has power to put back appellant to possession of premises, even if, sale deed is executed, in case appeal is allowed...........

MADRAS HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 144 -- Restitution of possession - Execution of ex parte decree - Judgment debtor deprived possession of property - Ex parte decree set aside - Held, judgment debtor is entitled to seek restitution of possession by invoking S.144 CPC...........

MADRAS HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 144, 151, 47 -- Restitution of possession - Application filed by judgment debtor for restitution of possession is an application for extension of decree - Held, thus, objection filed by subsequent purchaser u/s.47 in relation to same decree is maintainable...........

MADRAS HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Section 144 -- Restitution of possession - Execution of ex parte decree - Judgment debtor deprived possession of property - Ex parte decree set aside - Held, subsequent purchasers transferees, who have purchased properties, during pendency of second appeal, cannot oppose restitution - Subsequent sales do not counter any title or right to..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Section 144 -- Restitution - A person who has conferred a benefit upon another in compliance with a judgment or whose property has been taken thereunder, is entitled to restitution if the judgment is reversed or set-aside, unless restitution would be inequitable...........

Showing : 11-20 of 87 Results