Civil Procedure Code, 1908, Section 115(1) -- Proviso - Revision - Maintainability - Held, a person applying for revision against a particular order must satisfy court that had impugned order been passed in his favour, suit or other proceeding would have stood disposed of finally - Unless that requirement is satisfied, a revision is not entertainable even if there is a..........
Civil Procedure Code, 1908, Order 39, Rule 4, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Injunction - Remedy against order of injunction - Two fold remedy has been provided for to an incumbent against whom injunction order has been passed and who is dissatisfied with the said order of injunction - R.4 of O.39 provides that an order for an injunction may be..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal prosecution - Inherent jurisdiction of High Court - In case, on the bare reading, the offences are made therefrom, no order can be made for quashment of criminal prosecution - Such criminal prosecution at the initial stage can be quashed in the rarest of rare cases, only if it is proved that the same was..........
Civil Procedure Code, 1908, Order 39, Rule 4, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Order granting injunction - Remedy thereagainst - Held, two remedies are available to incumbent who is dissatisfied with order of injunction passed against him - Such an incumbent can apply U.O.39.R.4 CPC for vacation of injunction order and also can prefer appeal U.O.43.R.1(r)..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Equity demands that if one party has not been unjustly enriched, no order of recovery can be made against that party - Other situation would be when a party acquires benefits lawfully, which are not conferred by the party claiming restitution, Court cannot order restitution...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Act of Court - The factor attracting applicability of restitution is not the act of the Court being wrongful or a mistake or error committed by the Court - The test is whether on account of an act of the party persuading the Court to pass an order held at the end as not sustainable, has resulted in one party gaining..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Reasons explained for absence - Court in a very harsh manner rejected the application - It is a cardinal principle of law that Court should decide the case on its merits rather than on the technicalities - Order dismissing application quashed - Court below directed to decide the..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Power of Magistrate to impose sentence - Held, limitation on power of Magistrate to impose sentence is up to maximum of one month relatable to each month of default in payment of maintenance and that subject to limitation prescribed in proviso to sub-s.(3) of S.125 of Code - Open for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Sale deed executed by defendant No.3 through attorney challenged - Attorney also impleaded as defendant in the suit - Defendant No.3 served through attorney as well as through Munadi - Proceeded ex parte on non appearance - Non appearance of defendant No.3 as a witness - It was only defendant..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint -..........
