Civil Procedure Code, Section 10 -- Essential requirement that matter involved must be substantially the same - May not be wholly identical - Words 'directly and substantially in issue' used in contradistinction to words 'incidentally or collaterally in issue' - Identity of matter in both suits means that whole of the subject - matter in both proceedings is identical and..........
Civil Procedure Code, Section 115(1) -- Proviso Clauses (b) and (a) - Order even if it has not finally or has the effect of finally disposing of suit or other proceedings - High Court has jurisdiction to interfere with the order in revision - Clause (b) of Proviso should be given a liberal construction - Cases which fall under Clause (b) of Proviso would not become..........
Civil Procedure Code, Section 115(1) -- Proviso Clauses (a) and (b) - Effect and scope of limitations on revisional jurisdiction of High Court - High Court can interfere in the orders in revision if they fall under Clause (b) of Proviso alone, of course, cases falling under Clause (b) must again be covered under Clauses (a) to (c) of Section 115(1) - Clause (b) of Proviso..........
Civil Procedure Code, -- Interim injunction restraining defendants from interfering in peaceful possession of plaintiff over suit land - Plaintiff claiming that Wakf Board had leased suit land in his favour - In earlier suit by father of plaintiff suit land alleged to be a grave-yard and Wakf Board gave undertaking before Court that it would not alienate suit land in any..........
Civil Procedure Code, 1908, Section 114, 151, 152, 153, Order 47, Rule 1 - - Enhanced compensation in land acquisition case because of subsequent judgment of High Court - Claimant not entitled to relief under Section 114 or Order 47 Rule 1 - Only remedy available to claimant - To file appeal against order of High Court - Cannot seek relief by moving application under..........
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..........
