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1 - 10 of 11 (0.97 seconds)The Representation Of The People Act, 1950
Section 27 in The Representation Of The People Act, 1950 [Entire Act]
Section 30 in The Representation Of The People Act, 1950 [Entire Act]
The Code of Civil Procedure, 1908
Article 136 in Constitution of India [Constitution]
Section 32 in The Representation Of The People Act, 1950 [Entire Act]
Hari Vishnu Kamath vs Syed Ahmad Ishaque And Others on 9 December, 1954
Also Hari Vishnu's case which we have just
quoted.
Gokarakonda Venkatasubbiah vs Deliparthi Lakshminarasimham And Anr. on 27 February, 1925
The whole question is, what do these words mean? Judicial
opinion is sharply divided about this. On the one side is
the view propounded by Wallace, J. in Venkatasubbiah v.
Lakshminarasimham(2) that ex parte merely means in the
absence of the other party, and on the other side is the
view of O'Sullivan, J., in Hariram v. Pribhdas(3) that it
means that the Court is at liberty to proceed without the
defendant till the termination of the proceedings unless the
defendant shows good cause for his non-appearance. The re-
maining decisions, and there are many of them, take one or
the other of those two views.
Raj Krushna Bose vs Binod Kanungo And Others on 4 February, 1954
Raghuraj Singh(1) and it was held that that section cannot
cut down or affect the overriding powers of this Court under
article 136. The same rule was applied to article 226 in
Rai Krushna Bose v. Binod Kanungo and others(1) and it was
decided that section 105 cannot take away or whittle down
the powers of the High Court under article 226. Following
those decisions we hold that the jurisdiction of the High
Court under article 226 is not taken away or curtailed by
section 105.