Specific Relief Act, 1963, Section 38 -- Possession taken in an eviction order passed by Revenue Authority under Tenancy Act - Order reversed in appeal and restitution of possession ordered - Suit for injunction restraining defendant from interfering in possession filed by contending that Revenue Authority had no jurisdiction to order restitution - Plaintiff himself..........
Consumer Protection Act, 1986, Section 25 -- Interim order - Execution proceedings - Restitution of the amount paid - Complaint allowed by the District Forum - In appeal the petitioner State Commission by interim order directed to release the payment to the complainant subject to furnishing security - Petitioner's appeal allowed - Held that the interim order of the..........
Hindu Marriage Act, 1955, Section 25 & 11 r, w, 5 -- Marriage declared as null and void u/s 11 r/w S.5(1) - Maintenance after passing of such a decree - Expression `at the time of passing of any decree' used in S.25 of the Act means all kinds of decrees such as restitution of conjugal rights u/s 9, judicial separation u/s 10, declaring marriage as null and void u/s 11,..........
Hindu Marriage Act, 1955, Section 25, 11, 5 -- Marriage declared as null and void u/s 11 r/w S.5(1) - Maintenance after passing of such a decree - Expression `at the time of passing of any decree' used in S.25 of the Act means all kinds of decrees such as restitution of conjugal rights u/s 9, judicial separation u/s 10, declaring marriage as null and void u/s 11, annulment..........
Civil Procedure Code, 1908, Section 34, 144 -- Money suit - Decree - Excess money paid under decree - Restitution of - Ordered rate of interest - Special Court decreed suit filed by Standard Chartered Bank (SCB) against Citibank with interest @ 20% p.a. - Another suit filed by Citibank against Canbank Financial Services Ltd. ((CANFINA) was decreed with interest @ 9% p.a. -..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Decree of restitution of conjugal rights - Execution - Wife sought execution of decree after 2-1/2 years - Decree can be executed by attachment and sale of property of defaulting party but Court cannot give physical custody of J.D. to decree holder...........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance - Desertion by wife without sufficient cause - Wife not complying with decree of restitution of conjugal rights - Held, wife is not entitled to maintenance...........
Civil Procedure Code, 1908, Section 144 -- Appeal - During pendency of appeal decree executed - Appeal cannot be dismissed on this ground - Appellate Court has power to allow appeal and dismiss the suit - In such an event, appellants are entitled to invoke the provision of S.144 CPC and request the Court for restitution...........
Civil Procedure Code, 1908, Section 144, Order 21, Rule 35 -- Decree for possession - Possession delivered and delivery of possession acknowledged by D.H. - D.H. subsequently dispossessed forcibly - Second application for delivery of possession is not maintainable - Application for restitution as provided in S.144 CPC is also not maintainable in such case - Remedy..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Order passed by Court when found at the end not sustainable then a party gaining advantage which it would not have otherwise earned or the other party has suffered impoverishment which it would not have suffered but for the order of the Court then successful party is entitled to be compensated in the same manner in..........
