Civil Procedure Code, 1908, Section 144 -- Restitution - Ascertainment of market value of bonds - Bonds in question were tradable commodity on stock market and its value can be easily ascertained either on the date when bonds entrusted by respondents were handed over to appellant bank or at the time when the appellant bank sold it to third parties - It is evidently unjust..........
Civil Procedure Code, 1908, Section 144 -- Doctrine of restitution - Legally restitution is used in three senses: (i) return or restoration of some specific thing to its rightful owner or status; (ii) compensation for benefits derived from a wrong done to another; and (iii) compensation or reparation for the loss caused to another...........
Civil Procedure Code, 1908, Section 144 -- Doctrine of restitution - A remedy against unjust impoverishment or unjust enrichment...........
Civil Procedure Code, 1908, Section 144 -- Doctrine of restitution - When a decree is reversed, law imposes an obligation on the party, who received unjust benefit of an erroneous decree, to restitute the other party for what other party had lost during the period erroneous decree was in operation...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Where a party continues to be in possession of property in spite of passing of decree against it or where there was only a symbolic delivery of possession, a party who had been in possession of property, need not to file an application u/s 144 CPC - It only enables a party to take back the possession if he is..........
Civil Procedure Code, 1908, Section 144, 151 -- Restitution - Erroneous decree - There is no fetter in the inherent jurisdiction of Court to remedy a wrong committed due to an erroneous decree - A serious injury is caused to defendant due to the knocking off its property in an execution sale under a decree which did not reflect the correct amount due - Advantage obtained..........
Civil Procedure Code, 1908, Section 144 -- Doctrine of restitution - Court has power to put back appellant to possession of premises, even if, sale deed is executed, in case appeal is allowed...........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - Execution of ex parte decree - Judgment debtor deprived possession of property - Ex parte decree set aside - Held, judgment debtor is entitled to seek restitution of possession by invoking S.144 CPC...........
Civil Procedure Code, 1908, Section 144, 151, 47 -- Restitution of possession - Application filed by judgment debtor for restitution of possession is an application for extension of decree - Held, thus, objection filed by subsequent purchaser u/s.47 in relation to same decree is maintainable...........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - Execution of ex parte decree - Judgment debtor deprived possession of property - Ex parte decree set aside - Held, subsequent purchasers transferees, who have purchased properties, during pendency of second appeal, cannot oppose restitution - Subsequent sales do not counter any title or right to..........
