Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 33 -- Revision - Financial Commissioner as a delegate of Central Government has powers to revise any order - Respondent in collusion with lower level revenue officials played fraud and obtained another assignment - Held, that Commissioner has power to correct the same in his revisional jurisdiction and..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Scope- Very limited - High Court cannot reappreciate the facts to come to a different finding other than the one arrived at by either of the Courts below - High Court cannot substitute its views in place of views of the lower Courts unless the view expressed by the Courts below was tainted with perversity...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Finding of fact - Improvements by mortgagee - Entitlement to costs - Note book and testimony of party being the only evidence of improvement - Finding of fact recorded by appellate Court - No interference is required in second appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Mixed question of law and fact - Cannot be raised for the first time in second appeal...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Power of Court is not confined to S.144 of Code - In cases where S.144 does not apply Court can exercise its inherent powers to grant restitution - Where judgment debtor was dispossessed in execution of decree during pendency of his appeal against decree and during existence of order staying execution, inherent..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Two suits consolidated - Common judgment passed - Appeal filed against judgment and decree in one suit - Judgment and decree of the other suit operates as res judicata..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Auction sale - Property sold for Rs.15, 000/- subject to discharge of the mortgage sum of Rs.40, 009/- Respondent mortgagee purchased himself the property for Rs.15, 100/- - Held that the sale conducted by the executing Court was illegal - Appellant, who deposited the entire decretal amount, which was withdrawn by the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 28 -- Petition for restitution of conjugal rights - Exparte order passed - Application to set aside exparte order - Application is maintainable - Section 28 of Hindu Marriage Act providing for an appeal is not a bar to file such an application...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue in suit related to the legality, validity and binding nature of a gift deed executed by `B' - `B' was in possession of property throughout - High Court opined that the question of possession and the question of title are two different things - Apex Court while upholding the decision of the High Court, held that..........
Civil Procedure Code, 1908, Order 22 -- Two respondents died during pendency of second appeal - L.R's not impleaded - Appeal stands abated as against them - Held, where the decree is single and indivisible, there cannot be inconsistent decrees as against the deceased respondents and the contesting surviving respondents - Appeal dismissed...........
