Civil Procedure Code, 1908, Section 151, 94, Order 39, Rule 1 -- Temporary injunction - Plaintiff obtained order of temporary injunction from being dispossessed by misrepresentation of facts - Plaintiff in garb of interim order dispossessing defendant by taking law in his own hand - Held, Court in exercise of its inherent powers can order restoration of possession to..........
Civil Procedure Code, 1908, Section 151, 94, Order 39, Rule 1, 2 -- Provisions of O.39.Rr.1, 2 are not exhaustive - Situations not covered by O.39.Rr.1 and 2 can be met by passing suitable orders in fit cases under Sections 151 and 94 CPC...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 20, Civil Procedure Code, 1908, Section 151 -- Interim maintenance - Can be granted under Section 151 CPC even in the absence of any provision in Hindu Adoptions and Maintenance Act for allowing such interim maintenance - Legal rigidity shall give way to legal necessity...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Section 151 -- Suit for recovery of past and future maintenance - Interim maintenance - Court can grant interim maintenance by invoking inherent powers...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Section 151, 115 -- Suit for maintenance - Court granted interim maintenance by invoking inherent powers - No failure of justice occasioned and no irreparable injury caused - Interference in revision is not warranted...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 90 -- Auction sale - Confirmation - Confirmation of sale in the year 1996 at 1991 prices without taking into consideration price escalation since then - Rule of fairness demands such sale to be cancelled and fresh sale to be held in interest of justice to party...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 90 -- Auction sale - Cancellation - Right would accrue to auction purchaser only on confirmation of sale - Not permissible for auction purchaser to claim compensation by way of interest on money deposited by him when auction sale has been set aside...........
Civil Procedure Code, 1908, Section 151 -- Stay of civil suit pending criminal proceedings - Defendant filed written statement and thereafter obtained stay of civil suit - Held, after filing of written statement the cause of action for stay no longer subsists...........
Civil Procedure Code, 1908, Section 151, 153, Order 21, Rule 17, Limitation Act, 1963, Article 136 -- Execution - Mode of Execution - Amendment - Can be allowed only if sought within period of limitation - Amendment sought after 17 years from date of decree - Barred by limitation - Powers under Ss.151 and 153 of Code cannot be invoked to remove the bar of limitation...........
Civil Procedure Code, 1908, Section 151 -- Court has power to undo any injustice without being restricted by any procedural technicality - The procedures are handmaid of justice which cannot have tentacles to restrain a Court from removing injustice and rectifying its own mistake when the same is brought to is notice...........
