Criminal Procedure Code, 1973, Section 144, 145 -- Imposition of prohibitory order - Writ jurisdiction - Nature of dispute between parties appeared to be title and possession - Accordingly parties were given liberty to take recourse before competent Court of law - Impugned order has lost its statutory force u/s 144(4) Cr.P.C - Moreover, Court u/art 226 of Constitution does..........
Criminal Procedure Code, 1973, Section 144(2) -- Proceedings u/s 144(2) Cr.P.C - Status quo order - Executive Magistrate did not pen down any observation as to his objective satisfaction to the effect that if any restraint order is not passed, there would be serious breach of peace between parties in respect of suit properties - Without such observation prima facie..........
Civil Procedure Code, 1908, Section 144, 151 -- Restitution of possession - Dispute between parties is as to whether plaintiff voluntarily handed over vacant possession of demised shop to defendants or he was forcibly evicted from same - This controversy can only be decided after holding full-fledged trial - During pendency of suit, since plaintiff as on date is not in..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Provision of S.144 CPC applies to a situation where a decree or 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 - Doctrine of restitution is that on the reversal of a decree, the law imposes an obligation on the party to the..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Three conditions necessary to be satisfied are : (i) Restitution sought must be in respect of decree or order which had been varied or reversed; (ii) party applying for restitution must be entitled to a benefit under a reversing decree or order; and (iii) relief claimed must be properly consequential on reversal or..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Decree passed in counter claim was set aside by Appellate Court - Father of appellants ordered to restore possession of suit land to defendants - Judgment and decree of appellate Court hold the field and has attained finality - Possession of appellants thus, cannot be protected - Appellants rightly directed to..........
Limitation Act, 1963, Section 3, 28, Article 144 -- Limitation - As per S.28 and Art.144 of Limitation suit for declaration of title based on the plea of adverse possession is not maintainable after the expiry of the period of 12 years u/s.3 of the Act - Suit barred by law...........
Criminal Procedure Code, 1973, Section 144 -- Imposition of prohibitory order - District Magistrate imposed restriction for purpose of completion of Lok Sabha Election 2019 - Intention behind such order is to ensure public tranquility and avoid breach of peace, thereby ensuring that there is no endangerment to human life or property - Said restriction thus, cannot be held..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Dispossession on the basis of decree - Decree set aside - Person dispossessed from the property can restore his possession by seeking restitution of possession u/s 144 CPC - When such person is exercising his right provided under the statute, J.D. or any person claiming right through him, cannot make any obstruction..........
Civil Procedure Code, 1908, Section 144, Order 19, Rule 2 -- Affidavit filed in support of application for restitution of property - Can be treated as evidence for purpose of O.19.R.2 CPC to cross-examine deponent of affidavit, as application for restitution u/s 144 CPC is substantive application and adjudication by a Court u/s 144 CPC is a decree, which can only passed..........
