Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
Supreme Court Rules, 2013, Order 55, Rule 6 -- Inherent powers of Supreme Court - Modification/clarification petition - If abuse of process is noticed after disposal of case or if a modification is found essential to meet the ends of justice, Supreme Court would be justified in entertaining an application in a disposed of case and exercising its inherent powers...........
Supreme Court Rules, 2013, Order 55, Rule 6 -- Inherent powers of Supreme Court - Modification/clarification petition - When individual facts of a particular case so warrant, there can be no bar to entertain a clarification/modification petition in a disposed of case...........
Civil Procedure Code, 1908, Section 152 -- Correction/amendment of decree - Court before exercising inherent power u/s 152 CPC, should issue notice to parties so that they will get an opportunity to have their say in the matter - In that process, ultimate order to be passed in exercise of power u/s 152 CPC will also be known to parties to which they are entitled to...........
Service -- Transfer order - Where the incidence of transfer becomes inherent in the terms of service unless it is specifically barred under certain provisions governing conditions of service, an employee has no right to remain absent or refuse to join the new place of transfer once relieved from their current place of posting - Employee is entitled to avail all available..........
Writ proceedings -- Territorial jurisdiction of writ Court - If Court lacks inherent jurisdiction, merely participation of other party does not amount to any acquiescence to jurisdiction of Court...........
Criminal Procedure Code, 1973, Section 482 -- Exemption from surrendering - High Court in exercise of its inherent power cannot grant exemption from surrendering in a particular case despite concurrent findings of conviction...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Both parties unable to lead a meaningful matrimonial life due to inherent differences of opinion - Where one party is seeking separation, while other is not ready for it, this situation creates mental agony and cruelty for spouse who is denied separation - Forcing the continuation of marriage under..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Application u/s 482 Cr.P.C - Maintainability - Where statutory remedy of appeal u/s 14-A of SC/ST Act is available, inherent powers of Court u/s 482 Cr.P.C cannot be invoked - Application dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Once accused admits his signatures on cheque, presumption u/ss 118, 139 of the Act gets invoked - However, presumption is rebuttable - Accused is entitled to rebut the same by leading cogent evidence or by relying upon inherent contradictions/weakness in the evidence led by..........
