Showing : 31-40 of 65 Results

KARNATAKA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 144-- Appeal - During pendency of appeal decree executed - Appeal cannot be dismissed on this ground - Appellate Court has power to allow appeal and dismiss the suit - In such an event, appellants are entitled to invoke the provision of S.144 CPC and request the Court for restitution...........
KARNATAKA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 144, Order 21, Rule 35-- Decree for possession - Possession delivered and delivery of possession acknowledged by D.H. - D.H. subsequently dispossessed forcibly - Second application for delivery of possession is not maintainable - Application for restitution as provided in S.144 CPC is also not maintainable in such case -..........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Order passed by Court when found at the end not sustainable then a party gaining advantage which it would not have otherwise earned or the other party has suffered impoverishment which it would not have suffered but for the order of the Court then successful party is entitled to be..........
KARNATAKA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Section 144, 151, Order 9, Rule 13-- Restitution - Relief at interlocutory stage can be granted - Tenant evicted in execution of ex parte decree - Sale of property in the meantime - Exparte decree set aside as it was passed even without notice to the tenant - Order of restitution can be passed against purchaser - Relief of..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Release of money withheld by interim order of Court - Successful party finally held entitled to relief assessable in terms of money is entitled to suitable reasonable interest for the period for which the interim order of the Court withholding the release of money had remained in..........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 144-- Restitution - It is statutory recognition of a pre-existing rule of justice, equity and fair play - Even away from S.144 CPC Court has inherent jurisdiction to order restitution so as to do complete justice between the parties...........
SUPREME COURT OF INDIA
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Scope of provision is wide enough so as to include therein almost all kinds of variation, reversal, setting aside or modification of a decree or order - It is duty of Court to place parties in the position which they would have occupied but for such decree or such part thereof as has..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Application filed within 12 years from date of judgment is maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 144, Order 22, Rule 10-- Restitution - Transferee pendente lite - Remedy of restitution is available against transferee pendente lite also - A transferee pendente lite is a representative of the transferor and is also a person bound by the decree, even though he is not made a party to the suit or appeal...........
KERALA HIGH COURT
Year of decision: 2000
Details
Civil Procedure Code, 1908, Section 144-- Eviction order - Executing Court has no right to order restitution - It is only the Court of first instance which passed the original order that is competent to order restitution...........

Showing : 31-40 of 65 Results