Civil Procedure Code, 1908, Order 41, Rule 23A -- Before power of remand can be exercised - Appellate Court should first reverse findings on all issues recorded by trial Court in favour of party in whose favour suit decided - In order to reverse a decree - Finding given by Court on the issues are to be considered and are to be set aside before a decree can be said to have..........
Civil Procedure Code, 1908, Section 47, 34 -- Interest - Not granted in the decree - Executing Court granting interest - Order set aside - Executing Court is bound by the terms of the decree and is bound to execute the same as it is - Executing Court has no occasion to add or alter any relief as has been granted by the Court decreeing the suit...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Disobedience - Court can attach the property of the disobeying party and at the same time the Court can order him to be detained in civil prison also - Property of the person detained in civil prison can also be attached - One step or both the steps can be taken together depending upon the facts of each case...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Disobedience - Detention in civil prison - Subsequent action obeying order - Tender of unconditional apology - In that event it is not necessary to put the respondent in prison...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Party who has not filed an appeal - Power of Court of appeal - In exceptional cases the Appellate Court can pass such decree or order as ought to have been passed even if such decree would be in favour of parties who have not filed any appeal - The power though discretionary should not be declined to be exercised merely on..........
Civil Procedure Code, 1908, Section 115, 151 -- Order u/s 151 - It is revision and not appeal which is maintainable...........
Consolidation of suits -- Can be ordered under inherent powers - Consent of parties not necessary - Evidence in one suit can be used in another - Different causes of action is no bar - If the defendants have raised the plea of limitation such raising of plea will not be barred simply by order for consolidation of the two suits. (Civil Procedure Code, 1908, S.151)..........
Prevention of Cruelty to Animals Act, 1960, Section 35, Criminal Procedure Code, 1973, Section 451 -- Competing claims of the owner of animals and the Pinjrapole for their custody when owner is facing prosecution - High Court declining to grant interim custody of the animals to appellants - Order upheld - Appeals dismissed...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Date from which payable - If no date is specified in order, the maintenance is payable from the date of order - Court has a discretion to specify that the maintenance shall be payable from the date of application - No interim maintenance granted for 9 years during pendency of case - Proper to make maintenance..........
Civil Procedure Code, 1908, Section 148 -- Grant of further time to deposit deficiency in court - fee - Certified copy of order applied for but same not supplied - Applicant in doubt about the basis for calculating court - fee - By the time file inspected and order noted, time allotted to make up deficiency in court - fee had expired - Fit case for grant of further time to..........
