...151 of the Code of Civil Procedure, 1908 (in short “CPC”) for placing on record certain documents and the other under Order 18 Rule 17 read with Section 151 CPC for seeking permission to recall PW ...with Section 151 CPC and another application under Order 7 Rule 14 read with Section 151 CPC? The trial court dismissed both the applications, however, the High Court by the impugned order CM (M) ...Store v. Lalit Bagai CM (M) No. 707 of 2010 whereby the learned Single Judge of the High Court allowed the revision filed by the respondent herein and set aside the order dated 25-2-2010 of...

...definite limits to the exercise of power of review. In that case, an application under Order 47 Rule 1 read with Section 151 of the Code was filed which was allowed and the order passed b...observations were made by error.24. By the impugned order the High Court in exercise of powers under Section 114 read with Order 47 Rule 1 CPC has allowed the review petition...aforesaid question, the scope and ambit of the Court's power under Section 114 read with Order 47 Rule 1 CPC is required to be considered and for that few decisions of this Court are required to b...

...satisfaction of the decree under Order XXI Rule 2, raised a question relating to the execution, discharge or satisfaction of the decree and therefore fell within the purview of Section 47 which prior...surety assert that the decree had been satisfied out of court, nor did he make an application under Order XXI Rule 2 for certification of adjustment. He died leaving behind him a son named Mohd. Karim and...certification of an adjustment between the decree-holder and the judgment-debtor under Order XXI Rule 2 after an auction-sale is held in a case where a third party's interest intervenes. In such a...

...issue.2. The core of counsel's submissions is twofold: (1) Is Rule 155-A, assigning five marks for a State undertaking, not fatally violative of Sec- tion 47 of the Act...155-A(3)(D)(i) offends against the prescription in the proviso to Section 47(1) and is void, according to counsel for the appellants. Before examining this alleged vice, we may as well read sub-rule...) of the Act.12. We now move on to an examination of the alleged fatal incompatibility between the proviso to Section 47(1) and Rule 155-A. This second submission of counsel...

...learned counsel for the appellant submitted that the order of the High Court is clearly erroneous, completely overlooking the scope and ambit of Order 47 Rule 1 CPC. The parameters required for br...of an appeal and have to be strictly confined to the scope and ambit of Order 47 Rule 1 CPC. In connection with the limitation of the powers of the court under Order 47 ....’ ”15. A perusal of Order 47 Rule 1 shows that review of a judgment or an order could be sought: (a) from the discovery of new and important matters or ev...

...administrative-Certiorari-Scope and character of -Representation of the People (Conduct of Elections and Election Petitions) Rules, 1951-Rule 47(1)(c)-Whether mandatory or directory-Error manifest on...", cannot be construed as meaning "may". The provisions of Rule 47(1)(c) are mandatory like the provisions of Rule 47(1)(a), Rule 47(1)(b) and Rule ..., 301 in favour of the first respondent, and the remaining in favour of the other candidates. Now, Rule 47(1)(c) enacts that "a ballot paper contained in a ballot box shall be rejected if it bears any...

...claimants did not. The High Court by judgment dated 22-8-1984 dismissed the appeals. Subsequently, the appellants came to file applications under Order 47 Rule 1 and Section 151 CPC for amendment ...final to amend the self-same decree by exercising the power under Order 47 Rule 1 and Section 151 CPC. We feel that the executing court cannot go behind the decree. It would have been appropriate ...the decree to award benefits of Sections 23(1-A), 23(2) and 28 of the Act as amended by Central Act 68 of 1984. Though the Court has amended the decree, the High Court in revision set aside the order...

..., 151, 0. 47, r. 1. HEADNOTE: The High Court passed a peremptory order that " the appeal will stand dismissed " if a certain amount of court fee was not paid...on the ground that the appeal had already " stood dismissed " owing to non-payment within the time allowed. The appellant's applications under s. 151 and 0. 47, r. 1 of the Code of Civil Procedure were...Ramaswami and Sinha, JJ. They first considered it from the viewpoint of 0. 47, R. 1 of the Code of Civil Procedure, and held that the application did not fall within the Order. The argument of counsel that...

...between the respondent and the vessel-owner. Third, it is submitted that by virtue of Section 14(1-A) read with Rule 9(2)(a) of the 1988 Rules the actual cost of freight was includible in the assessable...uncertainty and confusion. In order to avoid this situation, Section 151-A has been enacted on the same lines as Section 37-A of the Central Excise Act. The apparent need to issue such circulars is felt...the order of the Tribunal being an ex parte one, it does not take precedence over the binding circular under Section 151-A and I may add that the Tribunal's decision is not so categorical and clear...

..., 1935, and clause (2) of Article 276 of the Constitution, the provisions of Section 48(2) of the C.P and Berar Municipalities Act, 1922, apply?”The High....3. Two questions fall to be determined in this appeal: (1) whether a suit for refund of tax paid to the Municipality is maintainable; and (2) if the suit is...SCR 499. That case arose under the C.P and Berar Municipalities Act, 1922. The right of a Municipality governed by that Act to levy under Section 66(1)(b) a tax on bales of cotton ginned at the...

...the writ petition was Shri Rajvi Roop Singh, JC. Thereafter, on July 2, 1965, Respondents 1 to 4 filed an application for review purporting to be under Order 47 Rule 1 and Section ...predecessor's order. The first was that his predecessor had overlooked two important documents Exs. A-1 and A-3 which showed that the respondents were in possession of the sites even in the year 1948-49...Procedure Code. The application for review was allowed, the earlier order dated May 25, 1965 was set aside and the writ petition was dismissed by Shri C. Jagannadhacharyulu, JC, who succeeded Shri Rajvi...

...question relating to execution, discharge or satisfaction of a decree within the meaning of s. -47, Criminal Procedure Code, and an order made under s. 151, Criminal Procedure Code, simpliciter is not an.... Under the Code of Civil Procedure certain specific orders mentioned in section 104 and Order XLIII, rule 1, only are appealable and no appeal lies from any other orders. (Vide section 105, Civil...the inherent powers of the court under s. 151, Civil Procedure Code. The judgment-debtor preferred an appeal and an application, for revision to the High Court against this order. The High Court held...

...sanction under Section 151(2) instead of Section 151(1) of the old regime; iii. Third category: for assessment years 2016-2017 and 2017-2018, the three-year period in terms ... observed that according to Order 20 Rule 14(1) of the Code of Civil Procedure 1908, the right of pre-emption becomes a vested right and can only be taken away by...provisions of the Income Tax Act and certain other legislations as defined under Section 2(1)(b) of TOLA. The Finance Act 2021 amended the provisions dealing with the reassessment procedure under the...

...given notice nor was he present, nor aware of passing of that order. On May 2, 1979 sale warrant under Order 21 Rule 66, CPC was issued. On July 6, 1979 auction was held in which Rajinder Singh and...order under Order 21 Rule 23(2) which postulates thus: “Where such person offers any objection to the execution of the decree, the court shall consider such objection and make such order as it thi...an appeal against an action of the Execution Court in not considering the objections is also devoid of substance. Had the court considered the objections and passed an order under Order 21 Rule 23(2...

...the respondent Nos. 1 and 2, was erroneous since notice to show cause against execution is necessary only in certain circumstances as laid down in Order XXI Rule 22 of the CPC. It was submitted that no...raised by the respondent Nos. 1 and 2 herein under Section 47 of the CPC were upheld. 58. The High Court while affirming the order passed by the Executing Court proceeded...Nos. 1 and 2 herein, respectively, under Section 47 of the CPC and rejecting the application filed by the appellants herein seeking amendment in the execution petition. 5...

...917 when it stated that the power of revision under Section 7 of the 1951 Act is wider than Order 47 Rule 1 CPC.39. Proceeding on the above basis, we come to the last...the order of the Board or as an order of the delegate in his own right and whether the Board can revise or review the order of the delegate.2. In both these appeals, the.... Pending disposal of the appeals, the orders of the High Court have been stayed by this Court on 13-1-1995 and stay has been continued by order dated 17-7-1995.5. The subject...

...and joinder of cause of action so that common questions of law and facts could be decided at one go.28. Order 1 Rule 10(2) empowers the court to add any party who oug...provisions of Order 21 Rule 2 and Order 21 Rule 11 to set up an oral plea, which invariably leaves no option with the court but to record oral evidence which may be frivolous. This drags the execu...be decided in one and the same trial. Order 1 and Order 2 which relate to parties to suits and frame of suits with the object of avoiding multiplicity of proceedings, provides for joinder...

...K.B Asthana, J.:— This is an application purporting to be under Order 47, Rule 1 read with Sec. 151, C.P Code presented on behalf of the State of U.P praying ...will lie on a subsequent change in law under Article 226 of the Constitution, assuming that the provisions of Order 47, Rule 7, C.P Code will not...exercised within a reasonable time. If this Court can review its decisions under Article 226 of the Constitution and the provisions of Order 47 of the Code of Civil Procedure...

...holding that he is conferred with power to set aside an ex parte order for eviction in the exercise of its jurisdiction under Order 9 Rule 13 read with Order 37 Rule 4 and Section 151 of ...Additional Rent Controller, Delhi under Order 9 Rule 13 read with Order 37 Rule 4 and Section 151 of the Code and also prayed for leave to defend the eviction proceedings after condoning ...eviction proceedings by resorting to Order 9 Rule 13 read with Order 37 Rule 4 and Section 151 of the Code.6. Against the aforesaid order of the High Court, a ...