Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Recording of reasons for passing ex parte order of interim injunction is mandatory - An ex parte interim order passed without recording reasons is void...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Tenant - Defendant demolished the roof of the tenanted portion of the house during the pendency of litigation - He cannot be allowed to take benefit of his own high-handed action - A tenant cannot be dispossessed except in due course of law and it would be unjust if the plaintiff is not allowed to stay in the..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Cause of action of injunction suit totally different and independent from suit for possession by way of specific performance - Earlier suit for injunction to restrain defendant from alienating suit property and subsequent suit for specific performance - Withdrawal of suit for injunction after filing of suit for specific..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory mandatory injunction i.e. to relegate parties to status of last non - contested status - Prayer for direction to defendant No. 2 (who allegedly during pendency of suit, for permanent injunction restraining defendants from interfering with tenancy rights of plaintiff - tenant in the house, in which stay order..........
Civil Procedure Code, 1908, Section 2(2) -- Compromise/consent decree - Binding on parties as a decree passed after contest - Compromise/consent decree has binding force of res judicata if same not vitiated by fraud, misrepresentation, misunderstanding or mistake - Consent decree or order based on statements of parties recorded in Court - Not required to be registered -..........
Criminal Procedure Code, 1973, Section 482, 173 -- Inherent powers of High Court - Stay of filing of final report u/s 173 - Complaint u/ss 405, 406 and 408 IPC - High Court staying filing of final report u/s 173 Cr.P.C. on ground suit for dissolution of partnership pending - Not justified - Impugned order is wholly extraneous to purpose for which power is preserved - It is..........
Civil Procedure Code, 1908, Section 96 -- Decree executed for want of stay order from the superior Court - The right of J.D. to prosecute the appeal is not lost without there being something to show that the judgment debtor had waived or consciously given up his right of prosecuting the appeal...........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation - Death of some of the applicants during pendency of proceedings - Legal requirement to implead legal representatives of dead persons before Assistant Collector - Civil Procedure Code, Order 22 Rule 3...........
Constitution of India, 1950, Article 226 -- Interim stay - Liability to pay interest for the period when stay obtained till writ petition dismissed - State - authorities cannot be equated with private commercial institutions - Amount of compensation in form of interest - Should not amount to penalty despite the fact that person found to have jeopardised law - Party when..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Can be permitted even if, there is a remedy by way of appeal or even where there is no appeal - Existence of remedy in revision also can be included within the clause where no appeal is allowed - Existence of remedy by way of revision cannot stand in the way of entertaining the application for review provided..........
