Maxim Functus Officio -- Depends upon nature and extent of power conferred on authority functioning - Exceptions - Court under inherent power can correct some kind of errors which include (a) Jurisdiction to take note of subsequent events and to mould the relief (b) In case of sale, there can be a petition for setting aside of sale on ground of irregularity or illegality..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Issue of limitation is not a pure question of law but fact dependent - However, that alone is indeterminate about nature of Court's power U.O.7.R.11 CPC - Court has to be vigilant and is sentinel in ensuring that claims that should not be let into the docket are weeded out - Court may..........
Constitution of India, 1950, Article 226 -- Writ - Delay - While exercising jurisdiction u/art. 226 of Constitution, High Court is not bound by any strict rule of limitation - If substantial issues of public importance touching upon fairness of governmental action do arise delayed approach to reach Court will not stand in way of exercise of jurisdiction by Court. (Para..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for mandatory injunction into relief of specific performance - Plaintiff invoked jurisdiction of civil Court by filing suit for mandatory injunction when breach was already there and was not prevented to seek specific performance - However, plaintiff did not avail..........
Criminal Procedure Code, 1973, Section 482, 468 -- Quashing of proceeding - Bar by limitation - Mere delay in completion of proceedings may not be by itself a ground to quash proceedings where offences are serious, but Court having regard to conduct of parties, nature of offence and extent of delay in facts and circumstances of a given case, quash the proceedings in..........
Limitation Act, 1963, Section 14, Customs Act, 1962, Section 128 -- Exclusion of time - Time taken in prosecuting an abortive proceeding would have to be excluded as the appellant was prosecuting bona fide with due diligence the appeal before CEGAT which was allowed in its favour by CEGAT though the same is dismissed as the CEGAT had no jurisdiction to entertain such..........
Criminal Procedure Code, 1973, Section 473 -- Summoning order - Limitation - Question not raised before Magistrate - This can be suitably raised by accused as and when they appear before Court below as it is the jurisdiction of Magistrate alone at this point of time - High Court cannot usurp the right of Magistrate u/s 473 Cr.P.C. and decide the point of limitation -..........
Limitation Act, 1963, Section 14 -- Extension of time - Medical negligence - Earlier remedy sought in Consumer Forum - Consumer Forum did not lack jurisdiction - S.14 of the Act is applicable only when remedy is sought in a wrong forum - As remedy sought earlier was not in a wrong forum as such S.14 of the Act is not applicable - Application for extension of time..........
Limitation Act, 1963, Section 5, 3 -- Time barred appeal - Condonation of delay - In the absence of an application for condonation of delay in filing appeal and an express order condoning delay, Appellate Court has no jurisdiction to entertain appeal and pass judgment on merit...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Powers of court - Suit whether barred by limitation or not, is a mixed question of fact and law - Court cannot exceeded its jurisdiction by entering into merits of case nor can travel beyond statement in plaint - Held, rejection of plaint on ground that suit is barred by limitation is not proper...........
