Civil Procedure Code, 1908, Section 115 -- Revisional powers - High Court can exercise either suo motu or on petition presented - Certified copy of order or judgment passed by subordinate Court - Not required to be before High Court when it exercises suo motu powers - High Court can exercise revisional jurisdiction ex debito justiatiae on information conveyed to it by..........
Civil Procedure Code, 1908, Section 115.47(2), 96, 2(2), Order 21, Rule 22 -- Execution sale challenged for non issuance of notice U/O.21.R.22 CPC but none of the grounds alleged were either anterior or subsequent to the publishing or conducting of the sale, question outside the perview of S.47 and court justified in refusing to treat the suit as a proceeding u/s 47 CPC -..........
Punjab Land Revenue Act, 1887, Section 115, 123 -- Private partition - Must be embodied in record of rights - Private partition if not so recorded - Should be acceptable to parties - Parties in possession of respective shares of land separately since time of consolidation operations - Does not amount to private partition when arrangement not embodied in later Jamabandi and..........
Civil Procedure Code, 1908, Section 115 -- Claims Tribunal under the Motor vehicles Act is not a Court subordinate to High Court, therefore revision u/s 115 CPC not maintainable...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1 -- Stay granted irrespective of the fact that loss can be assessed in terms of money it is an order with material irregularity - Revision is maintainable...........
Civil Procedure Code, 1908, Section 115 -- Meaning of illegally or with material irregularities- - Relate either to breach of some provision of law or to material defects of procedure affecting the ultimate decision, and not to errors either of fact or of law - AIR 1971 S.C. 2324 followed wherein it was observed `that the position seemed to be firmly established that while..........
Civil Procedure Code, 1908, Section 115, Order 23, Rule 3 -- Lawful agreement - Does not include an agreement vitiated by fraud, undue influence or coercion - Courts empowered to enquire these allegations...........
Civil Procedure Code, 1908, Section 115, Order 33, Rule 9 -- Revision - Interlocutory orders may amount to case decided - Order passed U.O.33.R.9 - Revision maintainable...........
Civil Procedure Code, 1908, Section 115 -- Res judicata - As held in AIR 1966 S.C. 153 that `A plea of limitation or a plea of res-judicata is a plea of law which concerns the jurisdiction of the court which tries the proceedings...........An erroneous decision on these pleas, therefore, can be said to be concerned with questions of jurisdiction falling within the perview..........
Civil Procedure Code, 1908, Section 115 -- Defendant has no right of revision against the decision of adequacy of court fee, unless it affects jurisdiction of the court - Held that `the defendant has no right of revision against the decision on adequacy of court-fees by the trial court unless it affects jurisdiction of the Court. He can do so only against an order passed..........
