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Code of civil procedure, 1908

U. SUDHEERA & OTHERS versus C. YASHODA & OTHERS

The High Court erred in granting an interim order directing status quo in a second appeal without first satisfying itself that a substantial question of law was involved and without framing such question as mandated by Section 100 CPC; accordingly the interim order was set aside and the appeal allowed. Section 151 CPC cannot be invoked to override the express requirements of Section 100 CPC.

  • Section 100 cpc
  • Substantial question of law
  • Interim order
  • Section 151 cpc
  • Order xli/order 41 rule 5
  • Status quo
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Supreme court rules, 2013

M/S BRAHMAPUTRA CONCRETE PIPE INDUSTRIES ETC. ETC versus THE ASSAM STATE ELECTRICITY BOARD AND OTHERS

The Registry has no power to decline registration of a curative petition solely on the ground that it lacks the averment that the review petition was dismissed by circulation; when a curative petition arising from a review dismissed after open court hearing omits that averment, the petitioner must file a prayer to be excused from compliance and the Registrar must obtain instructions from the Judge in chambers under Order LV r.2 and communicate them to the parties; the Registrar cannot undertake the judicial exercise of determining maintainability in such cases. Consequently the Registrar's or…

  • Curative petition
  • Registry's power to decline registration
  • Review petition
  • Order xlviii r.2(1)
  • Order lv r.2
  • Limitation for curative petition
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.