Civil Procedure Code, 1908, Section 151, 152, 153 -- Inherent powers of Court - Phrase `in any proceeding' u/s 153 - Held, it includes plaint, judgment and decree - Typographical error regarding Khasra number of suit property in plaint and in judgment and decree can be rectified by Court in exercise of its powers u/ss 151, 152, 153 CPC...........
Civil Procedure Code, 1908, Section 151, 152, 153 -- Inherent powers of Court - Exercise of - Held, Court in order to do complete justice between parties are vested with inherent powers as well as general powers to rectify mistake or error in proceedings or judgment or decree u/ss 151, 152 and 153 CPC - No restriction has been provided to affect inherent powers of Court to..........
Indian Penal Code, 1860, Section 376, 366, Evidence Act, 1872, Section 3 -- Rape & kidnapping - Conviction - Validity - Held, solitary statement of victim of rape is sufficient to convict accused without getting any corroboration if such statement of victim inspires confidence - In instant case, keeping in mind previous enmity between husband of prosecutrix and father of..........
Civil Procedure Code, 1908, Order 47, Rule 1, 7 -- Review - Declined - Challenged by filing special leave petition - Not maintainable in absence of challenge to the main judgment...........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - Execution of ex parte decree - Judgment debtor deprived possession of property - Ex parte decree set aside - Held, judgment debtor is entitled to seek restitution of possession by invoking S.144 CPC...........
Civil Procedure Code, 1908, Section 144, 151, 47 -- Restitution of possession - Application filed by judgment debtor for restitution of possession is an application for extension of decree - Held, thus, objection filed by subsequent purchaser u/s.47 in relation to same decree is maintainable...........
Civil Procedure Code, 1908, Section 144 -- Restitution of possession - Execution of ex parte decree - Judgment debtor deprived possession of property - Ex parte decree set aside - Held, subsequent purchasers transferees, who have purchased properties, during pendency of second appeal, cannot oppose restitution - Subsequent sales do not counter any title or right to..........
Civil Procedure Code, 1908, Section 151 -- Restitution of possession - Exercise of inherent powers - Held, it is duty of Court to do complete justice between parties, in consonance with legislative intent and to undo wrong or injury caused to judgment debtor, while considering effect of decree, which is varied or reversed or modified and order restitution of all rights,..........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of documents - At the stage when case is fixed for orders - Held, filing of documents after judgment is reserved, cannot be permitted...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error of calculation of amount in the operative part of judgment - Apparently erroneous - Operative part of judgment corrected...........
