Search Results Page
Search Results
1 - 10 of 15 (0.20 seconds)Asutosh Goswami And Ors. vs Upendra Prosad Mitra And Anr. on 22 August, 1916
936 : 16 C.L.J. 83, which has been unfavourably oommented upon in later cases, such as Asutosh Goswami v. Upendra Prosad Mitra 38 Ind. Cas.
Sukhdeo Dass And Ors. vs Rito Singh on 2 March, 1917
17 : 21 C.L.J. 467 : 21 C.W.N. 564 and Sukdeo Dass v. Rito Singh 39 Ind. Cas. 763 : 2 P.L.J. 361 : 1 P.L.W. 551. There can, in our opinion, be no room for dispute that the Court is competent to exercise its inherent power in cases of this description, and this has indeed been recognised by the Judicial Committee.
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
The Code of Civil Procedure, 1908
Section 65 in The Code of Civil Procedure, 1908 [Entire Act]
Section 141 in The Code of Civil Procedure, 1908 [Entire Act]
Sabitri Thakurain vs Savi on 26 January, 1921
We may add that a possible difficulty, indicated by Lord Sumner, as to the applicability of Section 151, in Sabitri Thakurain v. Savi 60 Ind. Cas. 274 : 48 I.A. 76 : 40 M.L.J. 308 : (1911) M.W.N. 159 : 19 A.L.J. 281 : 33 C.L.J. 307 : 25 C.W.N. 557 : 28 Bom. L.R. 631 : 43 C. 481 : 14 L.W. 362 : 3 U.P.L.R. (P.C.) 57 (P.C.), namely, the difficulty of invoking the inherent power of the Court when there is an express provision to the contrary in a Statute, does not arise in the case before us. Here Section 144 does not define the fall measure of the power of the Court to make an order for restitution; we may consequently take the provisions of that section as a guide to determine in what class of cases an order for restitution may be made, so that complete justice may be made between the parties and they may be restored to the status quo ante. There is thus no escape from the conclusion that an order for restitution should be made in this case.
Shamu Patter vs Abdul Kadir Ravuthan And Ors. on 28 January, 1908
To the same effect is the observation in Shamu Patter v. Abdul Kadir Rowthan , namely, that every Court trying Civil cases has inherent jurisdiction to take cognizance of questions which go to the root of the subject-matter of controversy between the parties.
Raja Debi Bakhsh Singh vs Habib Shah on 29 April, 1913
Consequently the observation of Lord Shaw in Debi Bakhsh Singh v. Habib Shah applies, namely, that quite apart from Section 151, any Court might have rightly considered itself to possess an inherent power to rectify the mistake or omission which had been inadvertently made.