Showing : 41-50 of 65 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Tenant - Defendant demolished the roof of the tenanted portion of the house during the pendency of litigation - He cannot be allowed to take benefit of his own high-handed action - A tenant cannot be dispossessed except in due course of law and it would be unjust if the plaintiff is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Section 144, 151-- Petitioner took possession in pursuance of warrants of possession wrongly issued by the Court - He cannot retain the same - No person would take advantage of fault of the Court - Order of restoration of possession to rectify the mistake passed in exercise of inherent power of the Court u/s 151 CPC..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 144, 151-- Plaintiff had dispossessed the defendant unlawfully on the basis of a temporary injunction order - Held, defendant is not entitled to take recourse to provisions of S.144 CPC for seeking of restitution of the property - Defendant's only remedy is to file a suit for recovery of possession...........
KERALA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 144-- It is not necessary to get the benefit of S.144 that the possession should have been lost through a process of execution - If a person is dispossessed under the colour of the decree and that decree is subsequently reversed, then he is entitled to restitution...........
SUPREME COURT OF INDIA
Year of decision: 1998
Details
Civil Procedure Code, 1908, Section 144-- Decree for restitution under Section 144 CPC indivisible - Such decree cannot be interfered with unless all the parties in whose favour such decree was passed are before the Supreme Court in appeal...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 144-- Application for ad interim injunction disposed of with a direction to the plaintiff to deposit the money with a stipulation that the Board would be liable to refund the money with interest in case plaintiff succeeds in his suit - Suit decreed - Held, board is liable to refund the amount with 18%..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1997
Details
Civil Procedure Code, 1908, Section 144, 151-- Restitution - Held, restitution or order of that nature has to be treated as a decree whether it is passed under S.144 or under S.151 CPC...........
KARNATAKA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Power of Court is not confined to S.144 of Code - In cases where S.144 does not apply Court can exercise its inherent powers to grant restitution - Where judgment debtor was dispossessed in execution of decree during pendency of his appeal against decree and during existence of order..........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Civil Procedure Code, 1908, Section 144-- Restitution - Auction purchaser when decree holder and a stranger - Difference - Decree holder auction purchaser is bound to return the property when decree is reversed - If property is purchased by a bonafide purchaser who is stranger to the Court proceedings, the sale in his favour is protected..........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Civil Procedure Code, 1908, Section 144-- Court auction - Decree holder purchasing property - A person who takes an assignment of the property from such decree holder is liable to return the property in case of reversal of decree...........

Showing : 41-50 of 65 Results