Civil Procedure Code, 1908, Section 144, Order 39, Rule 1, 2 -- Temporary injunction - Restitution proceedings pending - Title not vesting in the appellant - Merely because proceedings u/s 144 CPC for restitution are pending at the instance of the appellant he is not entitled to raise construction over the land in question or to injunct the respondent from raising..........
Criminal Procedure Code, 1973, Section 144, 145 -- Dispute amongst co-sharers regarding extent of their shares - To be adjudicated by civil court - Two of the co-sharers executed sale deed in favour of third party - Threat of dispossession at the hands of third party - Held, proceedings u/ss 144 and 145 of the Code maintainable - Decision of a criminal case in a case of..........
Criminal Procedure Code, 1973, Section 144 -- Breach of peace - Exercise of power by Executive Magistrate - Held, Executive Magistrate exercising power u/s 144 of the Code has no jurisdiction to decide a dispute of a civil nature between two sections of people, which is in realm of private law - Executive Magistrate is not expected to invoke power u/s 144 of the Code in a..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Disputed question in issue as to who was in possession on the date of order - Matter not to be decided summarily on basis of documents and reports submitted by executive authorities and on the basis of affidavits - Parties should be allowed to adduce evidence as findings recorded by trial Court on the issue of..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Jurisdiction to make restitution is inherent in every Court and has to be exercised, wherever the justice of the case demands...........
Civil Procedure Code, 1908, Section 144, 151 -- Restitution - Court is to exercise its inherent power where case does not strictly fall within the ambit of S.144 CPC...........
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 and he cannot be asked to..........
Civil Procedure Code, 1908, Section 144, Order 9, Rule 13 -- Restitution - Exparte decree set aside under Order 9 Rule 13 CPC - Benefit of restitution under Section 144 is available - Proceeding under Order 9 Rule 13 CPC is `the other proceeding' within the meaning of Section 144 of the Code...........
Civil Procedure Code, 1908, Section 144, Order 39, Rule 1, 2 -- Restitution - Dispossession despite order of status quo - Interim mandatory injunction granted - Possession delivered to plaintiff - Order set aside by Supreme Court - Possession ordered to be restored to defendant - Defendant not to create third party interests pending disposal of suit...........
Civil Procedure Code, 1908, Section 144, Order 39,, Rule 1, 2 -- Restitution - Dispossession alleged after order of status quo - Interim mandatory injunction granted - Possession recovered back through the process of Court during the pendency of proceedings before Higher Courts - Order granting interim mandatory injunction set aside by Supreme Court - Defendants entitled..........
