Civil Procedure Code, 1908, Section 6, 9, 16, 17, 18, 19, 20, 21) -- Lack of jurisdiction - Effect of - Order passed by a person lacking inherent jurisdiction is nullity - Principle of estoppel, waiver and acquiescence or res-judicata, being procedural in nature will not be applicable in a case were an order has been passed by Tribunal/Court without authority in that..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Can be allowed in exercise of inherent jurisdiction - However, additional evidence cannot be allowed when both parties have closed their evidence as it would reopen the whole case...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Provision of additional evidence has since been deleted but additional evidence can only be allowed in exercise of inherent jurisdiction - Exercise of inherent jurisdiction is to be based on principles of equity and justice - Court in exercise of inherent jurisdiction cannot act in prejudice to one party...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction of High Court - Exercise of power u/s 482 is an exception and not the rule - Provision of S.482 envisages three circumstances under which inherent jurisdiction may be exercised namely, (1) to give effect to an order under the Code, (ii) to prevent abuse of the process of court, and (iii) to otherwise..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Exercise of, while dealing with appeal or revision - High Court can exercise its inherent power while exercising its revisional or appellate power - Exercise of inherent power can be both in relation to substantive as also procedural matters...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Exercise by High Court - High Court direction to State to take advice of State Public Prosecutor as to under what section Appellant is to be charged and tried or directing the CB, CID to take up the matter and reinvestigate and prosecute the Appellant - Held, such a power does not come within purview of..........
Criminal Procedure Code, 1973, Section 133, 397(3), 482 -- Second revision - Power under Section 482 Cr.P.C. has to be exercised sparingly and such power not to be utilized as a substitute for second revision - Ordinarily, when a revision has been barred under Section 397(3) of the Code, the complainant or the accused cannot be allowed to take recourse to revision before..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers of High Court - Three circumstances under which the inherent jurisdiction may be exercised are (i) to give effect to an order under the Code, (ii) to prevent abuse of the process of court, and (iii) to otherwise secure the ends of justice...........
Consumer Protection Act, 1986, Section 14 -- Order by District Forum -Review - In execution application District Forum allowed the accident benefit claim which was impliedly denied by the Forum - In case of implied denial of accident the person aggrieved has to exhaust remedy of appeal - Remedy of review by District Forum is not recognized by consumer law - It lacks the..........
Consumer Protection Act, 1986, Section 14 -- Order by District Forum -Review - In execution application District Forum allowed the accident benefit claim which was impliedly denied by the Forum - In case of implied denial of accident the person aggrieved has to exhaust remedy of appeal - Remedy of review by District Forum is not recognized by consumer law - It lacks the..........
