Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Implementation - Police help - Allowed by trial Court - Order upheld - Provisions of O.39.R.2A does not control the jurisdiction vested in the Court in exercise of inherent powers under S.151 of the Code - No person can be permitted to take the law in his own hands and to flout the orders..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Inherent powers must come to rescue of person who inspite of order of injunction is being threatened forcible dispossession in violation of order of injunction - Provisions of Order 39 Rule 2 - A would come into play once order of injunction is flouted by any person but that certainly does not divest Court of..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers of Court - To achieve the ends of justice or to undo the wrong during the pendency of proceedings before the Court - Jurisdiction vested in the Court under Section 151 and the jurisdiction ex debito justitiae certainly not outsted merely on the existence of another remedy...........
Civil Procedure Code, 1908, Section 47 -- Decree - Validity - Can be questioned in execution proceedings only when the Court which has passed the decree is lacking inherent jurisdiction to try such a suit and to pass a decree and not when some mistake was committed either on facts or on law in passing the decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Counsel's fee allowed more than what is permitted - Executing Court issued warrant of attachment only for a reduced amount - Not legal - Validity of a decree cannot be questioned in execution proceedings unless the Court which passed decree was lacking in inherent jurisdiction to try such a suit and to pass such a..........
Jurisdiction -- Once the Authority or the Court comes to the conclusion that it has no inherent jurisdiction to entertain and decide the petition - Question of giving finding on merit - Does not arise - Any such finding if recorded - Ineffective in law as the Authority or the Court itself came to the conclusion that it had no jurisdiction to record any finding...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Suit challenging order of partition passed by Revenue Officers under Punjab Land Revenue Act - Once Court conies to a conclusion that suit not maintainable for inherent lack of jurisdiction of Civil Court because of bar created in law itself - Order to return plaint for presentation before Revenue Authorities - Not..........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Interim maintenance to children - A Court which has the jurisdiction to grant the main relief has got inherent jurisdiction to grant interim relief also...........
Criminal Procedure Code, 1973, Section 482 -- Review/Recall of Order - Case disposed of on merits - Having determined the merits of the case, the Court is obviously functus officio of the case and loses its jurisdiction - The Code does not postulate any power of review exercisable by the High Court under its provisions - Once such a power is absent in the Code - In that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 34 -- Suit for permanent injunction restraining defendants from removing the plaintiff from Convenorship and from the membership of the Committee of the College - Plaintiff removed from the Convenorship and membership before the institution of suit - No relief for declaration of his status..........
