Civil Procedure Code, 1908, Section 11, 152 -- Dismissal of earlier application under Section 152 as withdrawn - Does not operate as res judicata because corrections in a judgment or a decree do not involve re-opening of decision in the case - Withdrawal of earlier application under Section 152 - Does not debar applicant from filing fresh application under Section 152...........
Specific Relief Act, 1963, Section 6 -- No provision in Code of Civil Procedure providing that possession can be recovered only by a person who has a title to the property - Possession by itself a substantive right recognised by law and has legal incidents attached to it apart from ownership - Section 6 provides summary remedy to person dispossessed of immovable property..........
Civil Procedure Code, 1908, Order 23, Rule 3A - - Pre-requisites of compromise in a suit as provided in Order 23 Rule 3 must be satisfied before Rule 3-A is attracted - Cannot be any bar to institute a suit challenging a decree which proceeds on the basis of a compromise which is unlawful - Contract Act, Section 23...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Trial Court as well as Appellate Court declined interim injunction - Prima facie findings of Courts below based on valid reasons - Interference in revision under Section 115 - Declined...........
Civil Procedure Code, 1908, Order 21, Rule 89, Limitation Act, 1963, Section 4 -- Auction sale - Setting aside - Deposit of sale consideration by J.D. - Court closed for summer vacation as such amount deposited on the reopening day of the Court - Deposit is to be made within 30 days of auction sale - Section 4 of Limitation Act saves only application for setting aside the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted and sentenced to pay fine of Rs.20, 000/- - Complainant did not file civil suit for recovery of amount - Held, out of Rs.20, 000/- a sum of Rs.15, 000/- to be paid to complainant as compensation under Section 357 Cr.P.C. (Criminal Procedure Code, 1973, S.357)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of five cheque - One notice issued in respect of all the five cheques and one complaint filed - In terms of the provision under Section 219(1) of the Code of Criminal Procedure if a person is accused of more offences than one of the same kind committed within the space of 12 months from the first to the last of..........
Criminal Procedure Code, 1973, Section 439 -- Penal Code, 1860, Section 177/197/198/465/466/467/468/471/477A/120B and 13D of PC Act, 1988 - Petitioner, a Tehsildar - Not at all responsible for preparing and maintenance of `chhant' register and assessment register which are prepared and maintained by Patwari and Kanungo - Petitioner in detention for about one and half..........
Civil Procedure Code, 1908, Section 51(e), Order 21, Rule 30 - - Arrest of judgment - debtor without complying with First Proviso to sub - clause (e) of Section 51 - Cannot be ordered - Show cause notice not issued to judgment - debtor before ordering issue of warrants of arrest relying on provisions of Order 21 Rule 30 - Order set aside...........
Civil Procedure Code, 1908, Order 21 -- Decree passed in terms of compromise - Terms and conditions of settlement-cum-decree violated - Execution as well as contempt proceedings - Maintainable - Not correct that law does not permit continuation of both proceedings and must elect either proceeding - Contempt proceedings and execution proceedings - Two independent..........
