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..........
Civil Procedure Code, 1908, Section 144, 151 -- Restitution - Construction raised in the garb of ad interim injunction - Thereafter suit dismissed for default - Removal of construction raised in the garb of ad interim injunction - Petition under section 144 is not maintainable unless there is any decree or order passed by a competent court of law which is either varied or..........
Civil Procedure Code, 1908, Section 151 -- Dispossession in violation of order of temporary injunction - Court can order restoration of possession by exercise of power u/s 151 CPC even when amendment of plaint is not sought for restitution or restoration or recovery of possession...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Matrimonial petitions - Transfer of - Each case has to be judged on its own merits - In transfer of matrimonial petitions convenience of wife and also the issue of marriage has to prevail - In the instant case petition for restitution of conjugal rights filed by husband at Chittoor - Wife..........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Section 24 -- Transfer of petition - Husband filed petition for restitution of conjugal rights - Wife living at another place with her parents - Wife having an infant child of one year with no source of income - Petition transferred to place where wife is residing...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Restitution order - An order of restitution is stayed only in exceptional circumstances...........
Civil Procedure Code, 1908, Section 34, 144 -- Money suit - Decree - Excess money paid under decree - Restitution of - Ordered rate of interest - Special Court decreed suit filed by Standard Chartered Bank (SCB) against Citibank with interest @ 20% p.a. - Another suit filed by Citibank against Canbank Financial Services Ltd. ((CANFINA) was decreed with interest @ 9% p.a. -..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Decree of restitution of conjugal rights - Execution - Wife sought execution of decree after 2-1/2 years - Decree can be executed by attachment and sale of property of defaulting party but Court cannot give physical custody of J.D. to decree holder...........
