Provisions not applicable to High Court Division in original civil jurisdiction. As a matter of general principle prohibitions cannot be presumed. Such a right is a beneficial interest in movable property, which is itself movable property, assignable and transferable. In order to prevent the ends of justice from being, defeated the Court may, if it is so prescribed,- a issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him so the civil prison; b direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property; c grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold; d appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property; e make such other interlocutory orders as may appear to the Court to be just and convenient. Execution of decrees outside India. There are only two cases in which Court can amend or vary a decree or order after it is drawn up and signed, namely: 1.
If you still have possession? Protection of section 60: It is not open to a judgment-debtor to waive the protection which section 60, C. Where the averments in the application did not make out a case as to how the exercise of the inherent power of the court was necessary for the ends of justice or to prevent abuse of the process of the court and the applicant did not come to the court with clean hands and had suppressed the facts and the case involved complexity of facts and the justice of the claim was adverse to the applicant, it was held that there was no case for the exercise of inherent powers in favour of the applicant. Application may contain argue but plaint does not. Court by which decree may be executed. .
Legal Provisions of Section 151 of Code of Civil Procedure, 1908 (C.P.C.), India
The executing court can therefore grant restitution under its inherent powers. The two actions fall under two different jurisdictions. Lastly, if there be specific provision in the Code, which would meet the necessities of the case, inherent powers cannot be invoked. No hard and fast rule can be laid down. Being the legal representatives of the deceased, they have got a claim to get the amount which was earned by the deceased employee as gratuity. Jurisdiction of Civil Courts barred. Decision where appeal heard by two or more Judges.
Party can file a suit under section 20 c at place where cause of action wholly or partly arose; Jabalpur Cable Network Pvt. The Supreme Court has emphasised in several decisions that passing of interim orders—more particularly of a mandatory nature is neither a matter of course nor a matter of charity. Proper attention of parties: 7. Where the bank employee under suspension was being paid the total amount due payable to him on account of salary, it would be unrealistic to term the payment as one protected by section 60 1 1 , C. It can be examined in second appeal; Smt.
Plaintiff may give power of attorney to his agent who may appear in Court in his place. To what Court application lies. Convenience of defendant: It is basic and fundamental principle that while instituting the lawsuit, convenience of the defendant is taken into consideration rather than plaintiff. Result of execution proceedings to be certified. Arrest other than in execution of decree.
Where it is obvious from the intention of defendant that defendant will keep himself absent by leaving the country, Court can either arrest him or order to provide sufficient security to ensure his presence within local jurisdiction of the Court. The High Court does possess the power to recall and correct an invalid or manifestly erroneous order passed by it in the exercise of its jurisdiction under Art. Application may not be divided into paragraphs and thus no need paragraph numbers. Leave of Court enables person to reopen the case, whenever is required. When once the amount is received by the employee on his retirement, attachment is possible and lawful and the exemption provided in section 60 l k will not be available. What is Payment out of Court to decree-holder? Suits for compensation for wrongs to person or movables.
If some particular or special damage is proved then it becomes actionable and gives rise civil action. Notwithstanding anything in this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money. What is the Procedure where Court desires that its own decree shall be executed by another Court? Commissions issued by foreign Courts. To be a substantial question of law must be debatable, not previously settled by law of the land or a binding precedent and answer to the same will have a material bearing as to the rights of parties before the Court; Govindaraja v. There may be cases where the ex parte disposal of an application may result in substantial injustice to a party. Types of nuisances: a Private: b Public: 2.
First in time shall prevail. It must follow the submission, be certain, final, reasonable, legal, possible, and dispose of all the differences submitted to arbitration. It is to keep in mind that this right of Court is not available in all cases. Where jurisdiction fails to exercise: 3. Objection as to jurisdiction: Under normal circumstances any appellate or revisional Court cannot allow objection as to the jurisdiction of Court.
Annul penalty: Time limit for appeal: Time limit for appeal is three months from the date of the judgement. Plaint Ó§f¿ Ô̧e Øyj§ : It is complaint against defendant and its originator is called plaintiff. As far as government officer is concerned, he cannot be arrested until or unless his department determines. To state otherwise, there is no final adjudication by the appellate court of the rights of the parties by the order of remand. Test for joining: The sole test for joining of the parties and causes of actions is that whether the parties may institute independent suit for each cause of action. This jurisdiction is applicable for the purpose of property situated in Pakistan. It does not deal with the quantum of remedy.
