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Aug 21, 2023 · What is Doctrine of Restitution under CPC? Restitution under CPC refers to the process by which a court rectifies any unjust benefits gained by one party due to a decision or order that is later reversed, modified or set aside. In essence, it aims to restore parties to the position they would have been in if the erroneous decision had not occurred.
Dec 31, 2019 · Restitution in relation to Civil procedure code means giving back or restoring to the person who is entitled to the benefit from the other party who has wrongly received such benefit under an erroneous decree or order of the court. Res judicata is a Latin term that denotes ‘matter already adjudged by the court cannot be raised again’.
Jun 7, 2024 · This article discusses the doctrine of restitution, its applicability, scope, and objective under the Indian Contract Act, 1872, as well as the Specific Relief Act, 1963, along with the relevant provisions and legal precedents.
Feb 11, 2024 · The doctrine of restitution in Indian law. Meaning of restitution. Object of restitution. The doctrine of restitution in Indian law. Section 65 of the Indian Contract Act 1872. Essentials of doctrine of restitution. Difference between restitution and compensation. The doctrine of restitution in England. Exceptions to doctrine of restitution.
Nov 21, 2023 · Before restitution can be ordered under Section 144 of CPC, the following conditions must be fulfilled: Restitution sought must be in respect of the decree or order which had been varied or reversed.
Oct 19, 2021 · The doctrine of restitution has been enunciated, equating with an obligation on the party to the suit, which has received the benefit under a decree, which has been set aside to make restitution to the other party for what is lost and such an obligation arises automatically.
Oct 22, 2019 · Doctrine of restitution means, on the reversal of a decree, the law imposes an obligation on the party to the suit who received an unjust benefit of the erroneous decree to make restitution to the other for what he has lost as far as they can be restored. Section 144 does not confer any new substantive right.
Feb 15, 2022 · According to the Doctrine of Restitution, the law imposes an obligation on the party to the suit who received an unjust benefit from the erroneous decree to make restitution to the other party for what he has lost.
Jan 13, 2024 · The Civil Procedure Code (CPC) particularly addresses the notion of restitution in Section 144. When a judgment or order is set aside or amended in a suit, or when it is altered or reversed through an appeal, revision, or other legal actions, it gives the court the authority to order repayment.
(c) where the Court of first instance has ceased to exist or has ceased to have jurisdiction to execute, it, the Court which, if the suit wherein the decree or Order was passed were instituted at the time of making the application for restitution under this section, would have jurisdiction to try such suit.]
