Constitution of India, 1950, Article 226 -- Writ jurisdictio, Order passed in earlier writ petition to the prejudice of a party without impleading and hearing him - Subsequent writ petition by party prejudicially affected to review previous order and redecide after impleading and hearing him - Competent - Civil Procedure Code (5 of 1908), Section 151 and Order 4 Rule 1...........
Constitution of India, 1950, Article 227 -- Scope of - Every mistake of law - Cannot be corrected by High Court under Article 227 or Section 115 Civil Procedure Code - Civil Procedure Code (5 of 1908), Section 115. However wide Article 227 of the Constitution may be than the provisions of Section 115 of the Code of Civil Procedure, the High Court cannot, in exercise of its..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 95, 96, 97, 98, 99, 100, 101, 102 -- Section 47 should be construed liberally - All questions between auction - purchaser and judgment - debtor - Must be determined by Executing Court and not by a separate suit - Decree - holder auction - purchaser - Can move Executing Court for delivery of vacant possession of..........
Civil Procedure Code, 1908, Section 60 - - section (1) proviso clause (ccc) - Portion of residential house used as a shop by judgment - debtor - Shop portion does not cease to be part of residential house - Whole house exempt from attachment - If a portion of the residential house is occupied by the judgment-debtor himself for the purposes of a shop that portion does not..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 14 -- Parties closed their evidence and case at the stage of final arguments - Summoning of court witness - Court should not invoke inherent power under Section 151 disregarding fetter on its power placed by Rule 14 of Order 16 - Discretionary power should not be used to help a party. Once the parties had closed their..........
Civil Procedure Code, 1908, Section 144, Order 41, Rule 5 -- Provisions of Section 144 - Mandatory - Stay of execution of decree for possessio, Court to exercise its discretion in accordance with provisions of Order 41 Rule 5 - Party not in possession obtained possession in execution of erroneous decree reversed in appeal - Cannot be granted stay of restitution during..........
Punjab Co-operative Societies Act, 1961, Section 63 - - Ultra vires - Section 63 provides three separate modes of executio, No indication of circumstances in which Registrar may adopt one or the other mode of executio, Registrar can discriminate against a defaulter at his own sweet will - Section 6.3 (b) and (c) violative of Article 14 of Constitution. Three separate modes..........
Civil Procedure Code, 1908, Section 115 -- Revisio - Whether proper Court - fee paid on a plaint - Primarily a question between plaintiff and State - Defendant has no right to move superior Courts by appeal or in revisio, Court Fees Act (7 of 1870). Whether proper Court-fee is paid on a plaint is primarily a question between the plaintiff and the State. The jurisdiction in..........
Civil Procedure Code, 1908, Section 17, 16 -- Section 17 is a proviso to Section 16 - Option of selecting forum - Available to plaintiff if: (i) suit not contrary to Order 1 rule 3 and Order 2 rule 3 ; and (ii) right to relief arises out of same act or transaction or series of acts or transactions, and common questions of law or facts arise. Section 17 of the Code of Civil..........
Civil Procedure Code, 1908, Section 51 -- Order or decree passed against a dead person - Can be reopened and set aside under Section 151. It is well settled that a Court has inherent jurisdiction to correct its previous illegal order or judgment. Where an order or decree is passed against a dead person, it may either be because of the ignorance of the Court about his death..........
