Civil Procedure Code, 1908, Section 10, 151, 11 -- Expln.VIII - Stay of Civil stay of Civil Suit - Eviction proceedings pending - Relationship of landlord and tenant denied - Subsequent civil suit for recovery of arrears of rent - liable to be stayed under Section 10 CPC by taking aid of S.151 CPC in view of Expln.VIII of S.11 CPC...........
Civil Procedure Code, 1908, Section 47 -- Property not covered by decree delivered in Execution - remedy lies by filing application under Section 47 CPC and not by a separate suit...........
Civil Procedure Code, 1908, Section 47 -- Application under Section 47 CPC for redelivery of movables wrongly delivered in execution is maintainable even after the closing of the execution application...........
Civil Procedure Code, 1908, Section 80, 115 -- Court giving opportunity to plaintiff to take effective steps for impleading State as defendant-Plaintiff after that order served notice under Section 80 CPC to State in compliance of that order - Held, as substantial justice is done by Court below by passing impugned order, interference in revision not warranted...........
Criminal Procedure Code, 1973, Section 125 -- Petition for maintenance allowance under Section 125 Cr.P.C. - Cannot be dismissed on ground that wife already receiving an interim maintenance u/s.24 Hindu Marriage Act - Proper course is to allow maintenance to which the wife is entitled with a direction for adjustment of the amount received as interim maintenance from the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A, Civil Procedure Code, 1908, Order 9 -- Petition under order 39 rule 2-A dismissed for default - restoration - in absence of a specific provision jurisdiction under section 151 CPC can be exercised...........
Criminal Procedure Code, 1973, Section 125, 397 -- Ex parte order - remedies available (i) to make an application u/s126(2) (ii) to invoke revision jurisdiction - Revision for setting aside the ex parte order without taking the recourse to the remedy as provided under section 126(2) is held to be maintainable...........
Civil Procedure Code, 1908, Section 115 -- Revision by corporate body (Punjab Small Industries & Export Crop.Ltd.) - specific resolution to file the revision petition and authorising its Managing Director to file the same - not required - when illegality in the exercise of jurisdiction comes to the notice of the High Court, it has ample power under section 115, on its own..........
Civil Procedure Code, 1908, Section 141 -- `Include' - Word include enlarges the scope of the section 141 - Held, proceedings of miscellaneous nature fall within definition of S.141...........
Civil Procedure Code, 1908, Section 80(2) -- Application under sub section (2) for dispensing with service of notice as required under sub section (1) - Incumbent on trial Court to pass a specific order on application taking into account nature of case and also on reaching a conclusion whether or not immediate relief required to be afforded to plaintiff - Return of plaint..........
