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..........
Criminal Procedure Code, 1973, Section 144 -- Imposition of prohibitory order - Validity - Division bench judgment on very same issue - Held, Court sitting single is bound by order passed by division bench - Petition dismissed...........
Criminal Procedure Code, 1973, Section 144(2) -- Proceedings u/s 144(2) of Cr.P.C. were drawn after calling reports from BL and LRO and from officer i, charge of Police Station - Revisional Court set aside the order drawing said proceedings - Challenge thereto - Held, revisional Court rightly observed that parties were co-shares in respect of land in question and both..........
Criminal Procedure Code, 1973, Section 144 - - Fast unto death by Baba Ramdev and his supporters at Ramlila Maidan - Invocation of provisions of S.144 Cr.P.C. - Forcible eviction and dispersion of persons by Police at midnight by use of tear gas, water cannons and finally lathi charge - Legality of - Held, action demonstrates the might of State and was an assault on the..........
Civil Procedure Code, 1908, Section 144 -- Restitution - A person who has conferred a benefit upon another in compliance with a judgment or whose property has been taken thereunder, is entitled to restitution if the judgment is reversed or set-aside, unless restitution would be inequitable...........
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 - Cannot prejudice anyone, based on latin maxim 'actus curiae neminem gravabit' is also encompassed partly within the doctrine of restitution - This actus curiae principle is founded upon justice and good sense and is a guide for the administration of law...........
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 144 -- Restitution - Maintainable before the execution Court - Held, a restitution petition u/s 144 CPC is maintainable from an order passed by execution court resulting in delivery of controversial property from possession of judgment debtor to decree holders...........
