Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Clerical or arithmetical errors - Supreme Court in exercise of its inherent powers may unilaterally rectify a consent decree suffering from clerical or arithmetical errors, so as to make it conform with terms of compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Where there is inconsistency in extract of consent decree, which is error on face of record as such same can be corrected by exercising inherent jurisdiction of Court, to bring it in conformity with intended compromise...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent power of Court u/s 482 Cr.P.C is exercised only where order is passed by criminal Court which is required to be set aside to secure ends of justice or where proceeding pending before a Court amounts to abuse of Court...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Provision of O.7.R.11 CPC is not exhaustive - Court has inherent power to see that frivolous or vexatious litigations are not allowed to consume the time of Court...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Cause of death as per post mortem report is electric shock - Apparent inconsistencies, inaccuracies and inherent improbabilities in the statements of witnesses related to deceased - Other PWs turned hostile - Oral evidence of I.O is totally vague and devoid of particulars - There is no eye witness to incident -..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Senior citizen seeking cancellation of transfer of property - Restraining beneficiary from alienating property during pendency of proceedings - Interim order, so passed, will be construed to be in exercise of inherent powers u/s 23 of the Act itself - No infirmity found in the impugned order...........
Service -- Power to grant extension in service - In absence of enabling powers in Service Rules, President had no inherent power to travel beyond the Service Rules - Once Service Rules have been framed, notified and adopted then state or its instrumentalities are required to follow the same - Rules are framed/notified in order to regulate - If authorities at highest level..........
Service -- Power to grant extension in service - Subsequent ratification - Once order of extension is itself beyond enabling powers, then subsequent ratification, if at all comes through, would not result in curing inherent defect...........
Indian Penal Code, 1860, Section 396, 412, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Arms Act, 1959, Section 25 -- Dacoity with murder - Murder of four members of one family - Prosecution did not attempt to prove that call received by deceased `N' could be associated with accused `H' - Evidence of PW2 who had seen accused..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Cannot be curtailed by existence of an alternative remedy of revision u/s 397 Cr.P.C...........
