Civil Procedure Code, 1908, Section 144 -- Restitution - Auction purchaser when decree holder and a stranger - Difference - Decree holder auction purchaser is bound to return the property when decree is reversed - If property is purchased by a bonafide purchaser who is stranger to the Court proceedings, the sale in his favour is protected and he cannot be asked to..........
Civil Procedure Code, 1908, Section 144, Order 9, Rule 13 -- Restitution - Exparte decree set aside under Order 9 Rule 13 CPC - Benefit of restitution under Section 144 is available - Proceeding under Order 9 Rule 13 CPC is `the other proceeding' within the meaning of Section 144 of the Code...........
Civil Procedure Code, 1908, Section 144, Order 39, Rule 1, 2 -- Restitution - Dispossession despite order of status quo - Interim mandatory injunction granted - Possession delivered to plaintiff - Order set aside by Supreme Court - Possession ordered to be restored to defendant - Defendant not to create third party interests pending disposal of suit...........
Civil Procedure Code, 1908, Section 144, Order 39,, Rule 1, 2 -- Restitution - Dispossession alleged after order of status quo - Interim mandatory injunction granted - Possession recovered back through the process of Court during the pendency of proceedings before Higher Courts - Order granting interim mandatory injunction set aside by Supreme Court - Defendants entitled..........
Civil Procedure Code, 1908, Section 144 -- Any benefit taken under some orders/decree of the Court and subsequently if the said order/decree is set aside, then the original benefits drawn are required to be restituted...........
Civil Procedure Code, 1908, Section 144, 151 -- Restitution - Construction raised in the garb of ad interim injunction - Thereafter suit dismissed for default - Removal of construction raised in the garb of ad interim injunction - Petition under section 144 is not maintainable unless there is any decree or order passed by a competent court of law which is either varied or..........
Civil Procedure Code, 1908, Section 34, 144 -- Money suit - Decree - Excess money paid under decree - Restitution of - Ordered rate of interest - Special Court decreed suit filed by Standard Chartered Bank (SCB) against Citibank with interest @ 20% p.a. - Another suit filed by Citibank against Canbank Financial Services Ltd. ((CANFINA) was decreed with interest @ 9% p.a. -..........
Civil Procedure Code, 1908, Section 144 -- Appeal - During pendency of appeal decree executed - Appeal cannot be dismissed on this ground - Appellate Court has power to allow appeal and dismiss the suit - In such an event, appellants are entitled to invoke the provision of S.144 CPC and request the Court for restitution...........
Civil Procedure Code, 1908, Section 144, Order 21, Rule 35 -- Decree for possession - Possession delivered and delivery of possession acknowledged by D.H. - D.H. subsequently dispossessed forcibly - Second application for delivery of possession is not maintainable - Application for restitution as provided in S.144 CPC is also not maintainable in such case - Remedy..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Order passed by Court when found at the end not sustainable then a party gaining advantage which it would not have otherwise earned or the other party has suffered impoverishment which it would not have suffered but for the order of the Court then successful party is entitled to be compensated in the same manner in..........
