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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.
Madras High Court Cites 4 - Cited by 24 - Full Document

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.
Supreme Court of India Cites 12 - Cited by 88 - Full Document
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