Civil Procedure Code, 1908, Section 47 -- Execution of decree - Exercise of the powers under Section 47 of the Code is microscopic and lies in a very narrow inspection hole - All questions arising between the parties have to be determined under Section 47 of the Code and not by filing a separate suit - Execution of a decree could be avoided when the decree is found to be..........
Civil Procedure Code, 1908, Section 47 -- Execution of decree - Interest rate - Objection that rate of interest decreed by the court @ 18% p.a. is exorbitant and violates Section 34 of the Code repelled - Any interference with the decree would amount to going behind the decree which is impermissible in law - Such a course is prohibited by Section 47 of the Code...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Basic object of jurisdiction to clothe Civil Court with power to perform its duty to do justice between the parties - Inherent powers under Section 151 to be used sparingly - Nothing in the Code shall be deemed to limit inherent powers of Civil Court to make such order which is necessary for the ends of..........
Criminal Procedure Code, 1973, Section 320, 482, Indian Penal Code, 1860, Section 498A, 406 -- Offence u/s 406 IPC - Husband and wife compromised the dispute - High Court can quash criminal proceedings or FIR - S.320 Cr.P.C. does not limit the power of High Court under Section 482 of he Code...........
Haryana Public Premises and Land (Eviction and Rent Recovery) Act, 1972, Section 5 -- Eviction of unauthorised occupant of Government land - Land recorded under ownership and possession of Provincial Government from 1924 - 25 to 1994 - 95 - In Column No. 5 of various Jamabandis no entry of any of the petitioners as cultivators nor land in question ever taken on lease from..........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Extension of time for payment - (i) Section 149 CPC has to be interpreted and given effect to in a liberal manner; (ii) the payment of deficit court fee is a matter between the State i.e. Revenue and the plaintiff; (iii) the effect of allowing an application under Section 149 CPC is as if the deficit court fee..........
Civil Procedure Code, 1908, Section 2(2), 2(14), 96, 104, Order 43, Rule 1 -- Judgment styled as 'order' matters little - Order if fulfills conditions of definition of `decree' under Section 2(2) - Becomes appealable - Does not fall within Section 104 and only Section 96 is applicable - Orders not appealable are generally those which are processual i.e. interlocutory or..........
Civil Procedure Code, 1908, Section 115 -- after amendment by Act 46 of 1999 w.e.f. 1.7.2002 - Revision petition admitted before amendment - Has to be decided as per altered mode of amended provisions since Section 6 General Clauses Act not applicable because no substantive vested right available to a party seeking revision under Section 115 - General Clauses Act, Section..........
Civil Procedure Code, 1908, Section 115 -- Essentially a source of power for High Court to supervise subordinate Courts - Does not in any way confer a right on a litigant aggrieved by any order of subordinate Court to approach High Court for relief - Scope for making a revision under Section 115 not linked with a substantive right - Section 115 a source of power of High..........
Civil Procedure Code, 1908 -- (As amended by Act of 2002) - Order 8 ,R. 1, 1(a) and 10 - Written statement - Filing of - Within 30 days after receipt of summons - The court can extend the time till 90 days but it is not divested of power to fix further time for filing the written statement - Section 148 of the Code empowers the court to enlarge the time...........
