Civil Procedure Code, 1908, Section 34 -- Liability to pay interest - Suit decreed not only for principal amount but also for interest prior to filing of suit - Decree silent while granting interest at 6% from date of institution of suit till date of realisation - Not specifying as to on what amount interest is payable - Interest in view of Section 34 payable at 6% on..........
Constitution of India, 1950, Article 226 -- Dismissal in limine of writ petition by a detailed speaking order rejecting various contentions urged on behalf of the petitioner to challenge legality of impugned order as well as orders passed by appellate and revisional authorities - Not challenged by filing Special Leave to Appeal before Supreme Court - Must be treated as..........
Civil Procedure Code, 1908, Section 152 -- Application for correction of clerical error in decree - Words "at any time" in Section 152 - Makes it clear that no period of limitation prescribed - Article 136 Limitation Act does not apply to application for amendment of decree - Once Court finds that names of plaintiffs wrongly mentioned in decree-sheet - Duty of Court to..........
Civil Procedure Code, 1908, Section 11, 152 -- Dismissal of earlier application under Section 152 as withdrawn - Does not operate as res judicata because corrections in a judgment or a decree do not involve re-opening of decision in the case - Withdrawal of earlier application under Section 152 - Does not debar applicant from filing fresh application under Section 152...........
Specific Relief Act, 1963, Section 6 -- No provision in Code of Civil Procedure providing that possession can be recovered only by a person who has a title to the property - Possession by itself a substantive right recognised by law and has legal incidents attached to it apart from ownership - Section 6 provides summary remedy to person dispossessed of immovable property..........
Civil Procedure Code, 1908, Order 23, Rule 3A - - Pre-requisites of compromise in a suit as provided in Order 23 Rule 3 must be satisfied before Rule 3-A is attracted - Cannot be any bar to institute a suit challenging a decree which proceeds on the basis of a compromise which is unlawful - Contract Act, Section 23...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Trial Court as well as Appellate Court declined interim injunction - Prima facie findings of Courts below based on valid reasons - Interference in revision under Section 115 - Declined...........
Civil Procedure Code, 1908, Order 21, Rule 89, Limitation Act, 1963, Section 4 -- Auction sale - Setting aside - Deposit of sale consideration by J.D. - Court closed for summer vacation as such amount deposited on the reopening day of the Court - Deposit is to be made within 30 days of auction sale - Section 4 of Limitation Act saves only application for setting aside the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted and sentenced to pay fine of Rs.20, 000/- - Complainant did not file civil suit for recovery of amount - Held, out of Rs.20, 000/- a sum of Rs.15, 000/- to be paid to complainant as compensation under Section 357 Cr.P.C. (Criminal Procedure Code, 1973, S.357)..........
Civil Procedure Code, 1908, Section 51(e), Order 21, Rule 30 - - Arrest of judgment - debtor without complying with First Proviso to sub - clause (e) of Section 51 - Cannot be ordered - Show cause notice not issued to judgment - debtor before ordering issue of warrants of arrest relying on provisions of Order 21 Rule 30 - Order set aside...........
