Civil Procedure Code, 1908, Section 144 -- Restitution - Court which passes a decree or order is empowered to entertain and pass orders in an application filed by a party who is entitled to any benefit by way of restitution or otherwise...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Word `order' employed in S.144 CPC includes order passed in interlocutory applications as well, as there is no specific embargo on trial Court to exercise power u/s 144 CPC even while entertaining applications filed in respect of interlocutory orders...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 2, 3 -- Dismissal of suit in default U.O.9.Rr.2, 3 CPC - Res judicata - An order of dismissal of a suit or application in default U.O.9.R.2 or U.O.9.R.3 CPC is neither an adjudication or a decree nor it is an appealable order - If that is so, such order of dismissal of a suit U.O.9.R.2 or U.O.9.R.3 CPC does not fulfill..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Extended from time to time - Revisional Court stayed all further proceedings of the suit till disposal of revisional application - Stay order cannot be construed to debar trial Court from taking up interlocutory applications as well - Trial Court directed to dispose of injunction application as..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - So long as earlier order stands, it is not open to initiate fresh proceedings on the same ground, as it would be hit by principle of res judicata...........
Criminal Procedure Code, 1973, Section 50, 482 -- Remand order - Quashing of order - Petitioner was not furnished with grounds of arrest as mandated u/s 50 Cr.P.C - Arrest memo and remand orders reflect that only a printed format memo was provided without mentioning grounds of arrest - Even, no effort was made by Magistrate to ensure adequate legal aid to accused and..........
Prevention of Corruption Act, 1988, Section 13(1)(b), 13(2), 17, Criminal Procedure Code, 1973, Section 154 -- Disproportionate assets - FIR - Preliminary enquiry - In matters of corruption a preliminary enquiry although desirable but is not mandatory - In a case where a superior officer, based on a detailed source report disclosing commission of a cognizable offence,..........
Indian Penal Code, 1860, Section 420, 418, 406, 408, 409, 120B, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Respondent in his own statement acknowledges the possibility that he had received money from A-1 which the latter has also alluded to, there prima facie appears to be a connection - It was on A-1's recommendation that..........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Report of second Court Commissioner - Application for appointment of second Court Commissioner filed by defendant was allowed and opinion was given in favour of defendant - Plaintiff filed statement of objections and sought for permission to cross-examine expert - However, plaintiffs did not pay requisite Court fee to..........
Civil Procedure Code, 1908, Section 151 -- Correction of appellate decree - Clerical mistake - Mistake in the decree corrected vide impugned order is a clerical mistake - There is no imposing a new or additional liability on the petitioner by correction in the decree - Decree is drawn in terms of judgment, operative part - Appeal of appellant was dismissed with costs, so..........
