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1 - 10 of 13 (0.28 seconds)Article 226 in Constitution of India [Constitution]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
L. Chandra Kumar vs Union Of India And Others on 18 March, 1997
statute. It has been declared a part of
the basic structure of the
Constitution by the Constitution
M.P. No.2448/2022
16
Bench of this Court in the case of L.
Chandra Kumar vs. Union of India &
others, reported in (1997) 3 SCC 261
and therefore abridgement by a
Constitutional amendment is also
very doubtful.
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
Bhagwat Prasad Chandrakar @ Alok ... vs Union Of India 23 Wpc/2684/2018 Santosh ... on 24 October, 2018
13. Admittedly, the learned Court below has erred in appointing
the Commissioner, inasmuch as collection of evidence cannot be
permitted while deciding the application under Order 39 Rule 1 and 2
of the Code. The application has to be decided prima facie on the
three sound principles of law. Even, status quo order could not have
been granted by the Appellate Court exercising the powers under
Section 151 of the Code when there is express provision provided
under the Code. Thus, in view of the judgments of the Hon'ble Apex
Court in the case of Alok (supra) and Manohar Lal Chopra
(supra), this order cannot be allowed to stand. Accordingly, the
Appellate Court's order dated 20.05.2022 (Annexure P/1) is hereby
set aside. The Appellate Court is directed to decide the appeal in
accordance with law deciding the application under Order 39 Rule 1
and 2 of the Code without evaluating the evidence/report of
Commissioner and take a decision as expeditiously as possible.
The Code Of Civil Procedure (Amendment) Act, 2002
Manohar Lal Chopra vs Rai Bahadur Rao Raja Seth Hiralal on 16 November, 1961
13. Admittedly, the learned Court below has erred in appointing
the Commissioner, inasmuch as collection of evidence cannot be
permitted while deciding the application under Order 39 Rule 1 and 2
of the Code. The application has to be decided prima facie on the
three sound principles of law. Even, status quo order could not have
been granted by the Appellate Court exercising the powers under
Section 151 of the Code when there is express provision provided
under the Code. Thus, in view of the judgments of the Hon'ble Apex
Court in the case of Alok (supra) and Manohar Lal Chopra
(supra), this order cannot be allowed to stand. Accordingly, the
Appellate Court's order dated 20.05.2022 (Annexure P/1) is hereby
set aside. The Appellate Court is directed to decide the appeal in
accordance with law deciding the application under Order 39 Rule 1
and 2 of the Code without evaluating the evidence/report of
Commissioner and take a decision as expeditiously as possible.
Jaswant Kaur vs Din Dayal on 16 November, 2012
In support of his contention, learned counsel for respondent
No.1 has relied on the judgment of this Court in the case of Jaswant
Vs. Deen Dayal as reported in 2011 (2) MPLJ 576.