ShareChat
click to see wallet page
#👩‍🌾खान सर मोटिवेशन💡 #law #✍🏻भारतीय संविधान📕 #📚प्रतियोगी परीक्षा विशेष🏆 #🚨UPSC Exams📚
👩‍🌾खान सर मोटिवेशन💡 - SECTION 144 CPC RESTITUTION MEANING Section 144 assresses restitutution means  restoring a party to the position they would have been in if a court order had not wrongrly passed Applies when a decree or order is varied reversed or setside by a higher court WHAT THE COURT PURPOSE CAN ORDER 1. Undo the wrong caused by an incorrect Return of property decree or order Return of money 2 The applicant suffered loss because Interest of that decreelorder Costs 3. The benefi) (moneylpropertylposses- Compensation for sion) must be traceable loss 4. The court must be competent to grant] restitution NATURE OF THE POWER In mandatory the court must grant restitution when conditions are satisfied Based on the principle:"Actus curiae nenimem gravabjt (an act of the court should harm no one) EXAMPLE A gets possession of land based on a trial court decree On appeal, decree is reversed, and the land belongs to B SECTION 144 CPC RESTITUTION MEANING Section 144 assresses restitutution means  restoring a party to the position they would have been in if a court order had not wrongrly passed Applies when a decree or order is varied reversed or setside by a higher court WHAT THE COURT PURPOSE CAN ORDER 1. Undo the wrong caused by an incorrect Return of property decree or order Return of money 2 The applicant suffered loss because Interest of that decreelorder Costs 3. The benefi) (moneylpropertylposses- Compensation for sion) must be traceable loss 4. The court must be competent to grant] restitution NATURE OF THE POWER In mandatory the court must grant restitution when conditions are satisfied Based on the principle:"Actus curiae nenimem gravabjt (an act of the court should harm no one) EXAMPLE A gets possession of land based on a trial court decree On appeal, decree is reversed, and the land belongs to B - ShareChat

More like this