Civil Procedure Code, 1908, Section 151, Order 26, Rule 9, 10 -- Report of Local Commissioner - Setting aside - Court is at liberty to set aside report if it finds that report is ex facie erroneous or vague or lacking in material particulars or inherently inconsistent or otherwise completely unreliable for any other reason - Court can set aside report by exercise of its..........
Civil Procedure Code, 1908, Section 151 -- Grant of police aid - Implementation of Court orders - When parties violate orders of injunction or stay, Court can, by exercising its inherent power, put back the parties in the same position as they stood prior to issuance of injunction order or give appropriate direction to police authorities to render aid to aggrieved parties..........
Legal Services Authorities Act, 1987, Section 22(c) -- Permanent Lok Adalat (PLA) - Formulation of questions before proceeding to adjudicate - (i) Whether PLA has jurisdiction on subject matter; (ii) Primary role of PLA is that of conciliation upon failure of parties to reach an agreement, PLA mutates into an adjudicatory body; (iii) PLA should not give an impression to..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Power of High Court - Inherent as well as revisional jurisdiction should be exercised cautiously - Normally, revisional jurisdiction should be exercised on a question of law - However, when factual appreciation is involved, then it must find place in the class of cases resulting in a perverse finding...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Quashing of proceedings - Notice u/s 251 Cr.P.C. not yet framed - Petitioner has an alternate and efficacious remedy available to them to urge the pleas taken herein before trial Court at the time of framing of notice u/s 251 Cr.P.C. - Inherent power to quash..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent power of Court u/s 482 Cr.P.C. can be exercised as an exception and not as a rule - Three circumstances under which Court can exercise its inherent jurisdiction, are : (i) to give effect to an order under the Code; (ii) to prevent abuse of process of Court; (iii) to otherwise secure the ends..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - No provision in Cr.P.C. authorising High Court to review its judgment passed either in exercise of its appellate or revisional or original criminal jurisdiction but such power can be exercised, in case, some typographical or clerical mistakes are there...........
Criminal Procedure Code, 1973, Section 311, 202 -- Examination of witnesses - Inherent power of Court vested in it by virtue of S.311 Cr.P.C. shall always have overriding effect and will operate independently unaffected by discretion of complainant or prosecution to produce the witnesses of their choice u/s 202(2) Cr.P.C...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Setting aside - Fraud - Court has inherent power to recall and set aside order obtained by fraud practiced upon Court or when Court is mislead by party even though applicant is not a party to suit...........
Criminal Procedure Code, 1973, Section 482 -- Inherent Power of High Court - Petitioner wants to Register FIR or to hand over the investigation to vigilance bureau or some independent agency - Held, petitioner has alternative remedy to approach the Judicial Magistrate - Petition dismissed...........
