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the sale conducted by the executing Court was illegal - Appellant, who deposited the entire decretal amount, which was withdrawn by the..........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...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent findings of the Courts below that sale deed in favour of the first defendant is earlier in point of time and was genuine and valid - It is a Finding of fact - It is not open to challenge in second appeal...........
Land Acquisition Act, 1894, Section 11, 18, 25 -- In a reference u/s 18 or an appeal against enhanced compensation - Court cannot reduce compensation less than the offer made by the Collector...........
Constitution of India, 1950, Article 226 -- Dismissal of application in a suit -Appellant moved the High Court under Article 226 against the dismissal of his application - Alternative remedy available under CPC - Held, the procedure prescribed under CPC cannot be bye-passed by availing of the remedy under Article 226 - Appeal dismissed...........
