Civil Procedure Code, 1908, Section 144 -- Restitution - S.144 CPC applies to a situation where a decree or an order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose - In that situation, Court which passed the decree may cause restitution to be made, on an application of any party entitled,..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Possession taken after order of injunction was passed - Interim order of trial Court did not require defendant to hand over possession to plaintiff - There was no decree or order of trial Court by virtue of which appellant was given possession of property, nor did any decree or order mandate that respondent hand over..........
Civil Procedure Code, 1908, Section 115, Arbitration and Conciliation Act, 1996, Section 37, 16 -- Rejection of application by arbitrator for termination of arbitral proceedings - Revision u/s 115 CPC - Maintainability - As revision u/s 115 CPC lies before High Court only against order in appeal u/s 37 of Arbitration and Conciliation Act and not against arbitrator`s order..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Revision u/art.227 of Constitution - Not maintainable against such order of refusal to appoint Local Commissioner...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Order refusing to appoint local commissioner or accepting prayer for appointment of local commissioner are not revisable orders - Such type of orders do not decide substantive right of parties - Petitioner would be well within his right to lead substantive evidence during trial - Discretion of Court..........
Indian Penal Code, 1860, Section 325, Criminal Procedure Code, 1973, Section 320 -- Compromise during pendency of appeal filed against order of High Court whereby conviction was modified from S.307 IPC to S.325 IPC - Legal representative can compound the offence with consent of Court when person who was otherwise competent to compound the offence is dead - Compromise..........
Indian Penal Code, 1860, Section 325, Criminal Procedure Code, 1973, Section 320 -- Compromise during pendency of appeal filed against order of High Court whereby conviction was modified from S.307 IPC to S.325 IPC - Legal representative can compound the offence with consent of Court when person who was otherwise competent to compound the offence is dead - Compromise..........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 19(b) -- Impleadment of party - Dismissal of application - Suit for specific performance was filed in July 2007 - Written statement came to be filed by defendants in May 2018 after about 11 years of filing of the suit - Petitioner had purchased suit property vide two sale deeds and thereafter..........
Civil Procedure Code, 1908, Order 7, Rule 11(2) -- Revision petition - Rejection of plaint - Non-payment of sufficient court fee - Trial Court failed to advert to nature of the land being agricultural land and at the same time, Court has also not adverted to fact that by way of filing second application by the plaintiff himself whether he has acquainted factum of order..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Ancestral property - Proof of - To prove nature of property as ancestral, revenue excerpt is essential and necessary for placing on record and in absence thereof suit may be dismissed - Kanungo did not bring the complete record as record was only upto particular pedigree - Summoning of other Kanungo to prepare excerpt afresh..........
