CPC

Art 151:

"The Supreme Court observed that the inherent power under Section 151 of the Code of Civil Procedure can be invoked only in circumstances where alternate remedies do not exist. Such inherent power cannot override statutory prohibitions or create remedies which are not contemplated under the Code. Section 151 cannot be invoked as an alternative to filing fresh suits, appeals, revisions"

Comments

Post a Comment

Popular posts from this blog

Chargesheet Vs final report / A, B, C Summary report

Maharashtra police rules as defined in  Bombay Police Manual, 1959, Volume III [referred as The Manual below],   defines two types of police reports which can be submitted to the magistrate by police u/s 173(2) of CrPC. It is the report of police investigation filed at the end of investigation.. a. Charge-sheets (Rule 218 of The Manual) and  b. Final Reports (Rule 219 of Police Manual).  Final report is explained under Rule 219 of The Manual. Rule 219 of The Manual: 219. Final Reports .- (1) When there is no sufficient evidence to justify the forwarding of the accused to a Magistrate, the Police Station Officer or the investigating officer will release the accused person on bail, if he is in custody. (2) The Police Station Officer will then submit a final report to the Magistrate empowered to take cognisance of an offence on a Police report through the Superintendent of Police or the Sub-Divisional Police Officer, as the case may be, in the following three class...
Read more

Judgment Analysis : Yashita Sahu Vs State of Rajasthan (with translation in Punjabi)

Judgment Name : YASHITA SAHU Vs STATE OF RAJASTHAN & ORS  Citation Code :   (2020) 3 SCC 67 Judgment link :  https://main.sci.gov.in/supremecourt/2019/28083/28083_2019_15_1501_19699_Judgement_20-Jan-2020.pdf Court : Supreme Court of India Case Type : CRIMINAL APPEAL NO.  127 OF 2020 (@ SPECIAL LEAVE PETITION (CRL) NO. 7390 OF 2019) Judge : Hon'ble Justice Sh. Deepak Gupta  (author of judgment) Hon'ble Justice Sh. Aniruddha Bose Summary: This judgment talks about  1) Court treats the child as "human" which is shocking (sarcasm :|) and talks about the human rights of a child to get love and affection from both Parent. It talks about the rights of a parent as well as the rights of a child to get "s ufficient visitation rights" . 2) If any court denies the visitation to a parent, a strong reason should also be assigned and can be justified only unde...
Read more

Ad-interim vs interim orders (Order 39 Rules 1 & 2 CPC)

  Rule 1 or Rule 2 of Order 39 are repository of the power to grant injunction.  An order of injunction is always passed under Rule 1 or Rule 2 Order 39 save and except rare orders passed under Section 151 of the Code of Civil Procedure.  Rule 1 and Rule 2 of Order 39 do not use the words "interim or ad interim". These are the words coined by the lawyers and the courts merely to indicate the stage at which orders are passed.  Interim order usually remains in force for whole of the period of the suit unless varied under Rule 4 or set aside in appeal.  Ad interim order operates only till the hearing of the application for injunction.  Usually, ad interim order is passed ex parte though it can also be passed when otherwise is present.  It is possible that in a given case at the time of institution of a suit, the plaintiff does not make an application for an order of interim injunction as he feels no necessity in which case only summons of the suit is issu...
Read more