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M/S Rudra-Xi Infrastructure Pvt. Ltd vs Municipal Corporation Shimla on 18 September, 2023 cites

Zafar Khan And Ors vs Board Of Revenue, U.P. & Ors on 31 July, 1984

The word "restitution" in its etymological sense means restoring to a party on the modification, variation or reversal of a decree or order, what has been lost to him in the execution of a decree or order of the court or in direct consequence of a decree or order (see Zafar Khan v. Board of Revenue, U.P. [Zafar Khan v. Board of Revenue, U.P., 1984 Supp SCC 505]). In law, the term "restitution" is used in three senses :
Supreme Court of India Cites 21 - Cited by 110 - D A Desai - Full Document

Kalabharati Advertising vs Hemant Vimalnath Narichania & Ors on 6 September, 2010

In Kalabharati Advertising v. Hemant Vimalnath Narichania rt [Kalabharati Advertising v. Hemant Vimalnath Narichania, (2010) 9 SCC 437 : (2010) 3 SCC (Civ) 808], it was observed that courts should be careful in neutralizing the effect of consequential orders passed pursuant to interim orders. Such directions are necessary to check the rising trend among the litigants to secure reliefs as an interim measure and avoid adjudication of the case on merits. Thus, the restitutionary principle recognizes and gives shape to the idea that advantages secured by a litigant, on account of orders of the court, at his behest, should not be perpetuated; this would encourage the prolific or serial litigant, to approach courts time and again and defeat rights of others -- including undermining of public purposes underlying acquisition proceedings.
Supreme Court of India Cites 32 - Cited by 507 - B S Chauhan - Full Document

Ouseph Mathai & Ors vs M. Abdul Khadir on 5 November, 2001

In Ouseph Mathai v. M. Abdul Khadir [Ouseph Mathai v. M. Abdul Khadir, (2002) 1 SCC 319] this Court reiterated the legal position that : (SCC p. 328, para 13) "13. ... [the] stay granted by the court does not confer a right upon a party and it is granted always subject to the final result of the matter in the court and at the risks and costs of the party obtaining the stay. After the dismissal, of the lis, the party concerned is relegated to the position which existed prior to the filing of the petition in the court which had granted the stay. Grant of stay does not automatically amount to an extension of statutory protection."'"
Supreme Court of India Cites 19 - Cited by 220 - Full Document
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