Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Inherent powers must come to rescue of person who inspite of order of injunction is being threatened forcible dispossession in violation of order of injunction - Provisions of Order 39 Rule 2 - A would come into play once order of injunction is flouted by any person but that certainly does not divest Court of..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers of Court - To achieve the ends of justice or to undo the wrong during the pendency of proceedings before the Court - Jurisdiction vested in the Court under Section 151 and the jurisdiction ex debito justitiae certainly not outsted merely on the existence of another remedy...........
Letters Patent -- Clause 10 - Plea for invoking inherent powers of Court under Section 151 Civil Procedure Code to do justice by awarding same compensation as awarded to other landowners whose land acquired by same notification - Not tenable as it would come in conflict with spirit and substance of statutory provisions prescribed under Clause 10 of Letters Patent -..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Earlier two suits for joint possession dismissed as withdrawn with permission to file fresh on the same cause - Third suit on same cause for recovery of amount (land in the meantime having been acquired under Land Acquisition Act) based on title - Not barred by any principle of law..........
Civil Procedure Code, 1908, Section 92 -- Maintainability of suit under Section 92 - Depends upon allegations in the plaint - No reference need be made to averments in written statement for such determination - When suit instituted by person other than Advocate General - Essential requirement that person should have interest in the Trust - Interest must be real,..........
Civil Procedure Code, 1908, Section 34, Order 34, Rule 11 -- Interest - Suit where question of mortgage involved - Interest would have to be in accordance with provisions of Order 34 Rule 11 and not Section 34 - Governed by contract between the parties...........
Civil Procedure Code, 1908, Section 92 -- Permission of Court - Sine qua non before institution of suit - Under Section 92 Legislature uses the words : "and having obtained the leave of the Court may institute a suit" - Necessary permission of the Court is a must before any step is taken - Without such a permission - Suit cannot proceed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Counsel's fee allowed more than what is permitted - Executing Court issued warrant of attachment only for a reduced amount - Not legal - Validity of a decree cannot be questioned in execution proceedings unless the Court which passed decree was lacking in inherent jurisdiction to try such a suit and to pass such a..........
Civil Procedure Code, 1908, Section 92 -- Applicability - Section 92 applies to the cases where there is a case of admitted existence of public trust and there is allegation of breach of trust and its terms either expressly or impliedly - Breach of Trust can be alleged to have been committed by the Board of Trustees or any of the trustees or there may be a case that there..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Observations made by trial Court and lower Appellate Court while disposing of application for ad interim injunction under Order 39 Rules 1 and 2 read with Section 151 - Cannot be considered as conclusive findings on facts and circumstances of the case - Findings would necessarily have to be..........
