Civil Procedure Code, 1908, Section 151 -- Inherent jurisdiction - Cannot be invoked for grant of a substantive relief where specific provision in that behalf is available under other provisions of the Code - Section 151 not a substantive provision conferring any right to get any relief of any kind - Merely a procedural provision which enables a party to have proceedings..........
Civil Procedure Code, 1908, Section 114, 151 -- Application seeking review of order disposing of appeal and cross-objections, claiming enhanced compensation and other benefits and further prayer to be allowed to make up deficiency in Court-fees - Applicant not entitled to enhanced compensation under Section 28-A Land Acquisition Act as same not applicable because applicant..........
Civil Procedure Code, Section 151,152,47 -- Order 21 ,R. 11(2) - Only after decree-holder declared to be purchaser of share of judgment-debtor - Decree-holder can file regular execution application under Order 21 - Application by decree-holder under Sections 151/152 for certain directions to judgment-debtor - Not an execution application under Order 21 - Partition Act,..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Civil Procedure Code, 1908, Section 151 -- Proceedings under Section 18 - Court can grant interim maintenance - Inherent powers under S.151 CPC can be invoked for grant of interim maintenance...........
Civil Procedure Code, Section 21(1) -- Objection to territorial jurisdiction of trial Court before Court of Appeal - Setting aside of decree without a finding that prejudice has been caused - Not sustainable - Unless failure of justice proved - Entire proceedings cannot be annulled - Three essential conditions under Section 21 are: (1) objection taken in the Court of first..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction to restrain defendants from alienating property mentioned in the plaint - Alienation of property during pendency of suit - Hit by doctrine of lis pendens under Section 52 Transfer of Property Act - Appellate Court order setting aside order of trial Court restraining alienation of property - Upheld...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108 -- Granting of opportunity to objector while entertaining objections under Section 47 read with Order 21 Rules 97 to 108 - Does not amount to permission for abusing the process of law or Court - Not incumbent upon Executing Court to put to trial every objections..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complainant - Absent - If the presence of the complainant is not necessary on the day the complaint is fixed then resorting to the step of axing down the complaint may not be a proper exercise of the power envisaged in the section...........
Criminal Procedure Code, 1973, Section 256 -- Complainant - Absent - If the presence of the complainant is not necessary on the day the complaint is fixed then resorting to the step of axing down the complaint may not be a proper exercise of the power envisaged in the section...........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 4,5,7 -- Principles of res judicata - Not applicable - Proceedings summary in nature-Doctrine of res judicata as envisaged in Section 11 Civil Procedure Code has no application to summary proceedings unless statute expressly applies to such orders - Principles laid down in Jee Ram's case 1980 PLJ 103..........
