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1 - 10 of 18 (0.23 seconds)The Motor Vehicles Act, 1988
The Code of Civil Procedure, 1908
Section 114 in The Motor Vehicles Act, 1988 [Entire Act]
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Rajeev Hitendra Pathak & Ors vs Achyut Kashinath Karekar & Anr on 19 August, 2011
19. Similarly, the Supreme Court while considering the
question as to whether District Forum and State
Commissions have power to set aside or recall their own ex
7
(1971) 3 SCC 844
8
(1979) 1 SCC 321
9
(1987) 4 SCC 525
10
(1998) 7 SCC 162
11
(2008) 2 SCC 705
Page 12 of 17
parte order in the matter of Rajeev Hitendra Pathak and
others v. Achyut Kashinath Karekar and another 12 has
held that the Tribunals are creatures of the statute and
derive their power from express provision of the statute and
in absence of power of review in the Consumer Protection
Act, 1986, power of review cannot be exercised by the
District Forums and the State Commissions and held as
under:-
National Insurance Company Ltd., ... vs Lachhibai Urf Laxmibai And Ors. on 27 February, 1996
21. Subsequently, the Division Bench of the Madhya
Pradesh High Court again in the matter of Uttara Soni v.
Oriental Insurance Co. Ltd. and others 14 followed the
principle of law laid down in Lachhibai (supra) with
approval.
United India Insurance Co. Ltd vs Rajendra Singh & Ors on 14 March, 2000
22. However the Supreme Court in the matter of United
India Insurance Co. Ltd. v. Rajendra Singh and
others15 has held that the Claims Tribunal has an inherent
power to review its own award if it is obtained by fraud or
misrepresentation. The relevant paragraph of the report
states as under:-