Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Restoration of possession - Dispossession during pendency of suit - Suit for declaration - Ad interim injunction order passed restraining from transferring, alienating or encumbering the suit property - Documentary and oral evidence has to be produced to prove possession at the relevant time - Though oral..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction in exercise of inherent jurisdiction - When can be granted - Courts have inherent jurisdiction to issue temporary order of injunction in the circumstances which are not covered under the provisions of O39 - Inherent power u/s 151 must be exercised only in exceptional circumstances for..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Violation of stay order - Exercise of inherent power - Parties to suit violating order of injunction or stay order or act in violation of said order - Court in exercise of its inherent powers can put back the parties to the same position as they stood prior to issuance of injunction order - Appropriate..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Violation of injunction order - Restoration of possession - Party to suit in utter violation of injunction order dispossess the other - Court can order restoration of possession to party wronged...........
Civil Procedure Code, 1908, Order 20, Rule 7 -- Decree though prepared at a later date shall relate back to the date of the judgment...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Declares the rights and liabilities of the parties - In a given case a decree may be both preliminary and final - There can be more than one final decrees - A decree may be partly preliminary and partly final - Final decree proceedings may be initiated at any point of time - No limitation is provided..........
Civil Procedure Code, 1908, Section 2(2), 9, 21, 16 -- Decree passed by a Court lacking inherent jurisdiction is a nullity - Principles of estoppel, waiver and acquiescence or res judicata are not applicable to such a decree - However, this is not the case with a decree passed by a Court having no territorial or pecuniary jurisdiction - Such a decree can be interfered with..........
Evidence Act, 1872, Section 24, 26, Criminal Procedure Code, 1973, Section 162(1), 164 -- Retracted confession - Article 20(3) of Constitution of India provides that no person accused of an offence shall be compelled to be a witness against himself - Right to remain silent is an extension of the rule of civil liberty enjoined by Constitution...........
Civil Procedure Code, 1908, Section 2(2), 54, Order 20, Rule 18, Civil Procedure Code, 1908, Section , Order 21, Civil Procedure Code, 1908, Section , Order 26, Rule 13, 14 -- Preliminary decree - Execution thereof - Non-intiation of final decree proceedings - Effect - Suit for partition - Preliminary decree passed - Final decree proceeding not initiated - Property put on..........
Civil Procedure Code, 1908, Section 6, 9, 16, 17, 18, 19, 20, 21) -- Lack of jurisdiction - Effect of - Order passed by a person lacking inherent jurisdiction is nullity - Principle of estoppel, waiver and acquiescence or res-judicata, being procedural in nature will not be applicable in a case were an order has been passed by Tribunal/Court without authority in that..........
