Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Dismissal in default - Dakal Daftar - Held, dismissing a suit in default is a decision - But simply consigning case to records for default is no decision - Consigned to records means `Dakal Daftar' and can be revived on motion of any of interested party - Even court suo motu can call record for civil proceedings..........
Civil Procedure Code, 1908, Section 151 -- Eviction order - Modification of - One year time sought by tenant to vacate demised premises instead of 9 months - Landlord has no objection - Held, order is modified to that extent - Time to vacate extended from nine months to one year...........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- Plaint - Quashing - If Court is satisfied that a suit is filed with mala fide intention and with ulterior motive by incorporating pleadings in the plaint which are false to the knowledge of the..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- Plaint - Quashing - Civil proceedings when initiated with mala fides or with ulterior motive - Continuance of which will amount to abuse of process of Court - High Court can quash such a plaint in..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- A person who has obtained an order from a Court, on the basis of pleading of facts which are false to his own knowledge, without making the person who is actually targetted a party to the proceeding..........
Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- To harm another person - Court can suo mote undo the harm...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 151, 152 -- Inherent powers - Mistakes in judgment - Correction of - Mistake has crept in due to typographical error and Rahman in place of Rahim came to be wrongly recorded - Held, if court dithers to invoke its jurisdiction and exercise its powers for rectification of such minor mistakes, same would not only be..........
Civil Procedure Code, 1908, Section 151 -- Execution application - Dismissal in default - Restoration - Counsel busy in another Court - Held, sufficient reason to restore application u/s 151 CPC exercising inherent powers - Restoration allowed...........
Civil Procedure Code, 1908, Section 151 -- Order obtained by fraud - Setting aside of - Application u/s 151 CPC - Maintainability - Held, an application u/s 151 of CPC can be moved to set-aside an order obtained by fraud practised upon Court or where Court is mislead by a party or Court itself commits a mistake which prejudices a party, who, is not to blame or when a..........
Civil Procedure Code, 1908, Section 148, 151, Order 34, Rule 7(2), Limitation Act, 1963, Section 30(a) -- Redemption of usufrcutary mortgage - Delay in depositing interest on decretal amount - Condonation of delay - Plaintiff completely failed to make out any ground - Deposit could be made upto the period when limitation to file suit would have expired - Order allowing..........
