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- Bail vs. Jail: Why Pre-trial Detention Remains India’s Hidden Crisis
- The Limitation Act, 1908: A Procedural Law for Public Peace and Legal Repose in Bangladesh
- Required Higher Judicial Threshold To Adjudicate Medical Negligence: Urgent Need Of Reforms To Protect Licensed Physicians
- Navigating the Intersection of Section 269SS of Income Tax Act,1961 and Section 138 Negotiable Instrument Act,1881
- An Expert Analysis of Criminal Homicide in Bangladesh: Distinguishing Culpable Homicide from Murder under the Penal Code, 1860 by Judge Nazmul Hasan
- Essentials of European Union Law: Supremacy, Sources, and Integration
- Your Roadmap to Constitutional Law Success in Bangladesh Judicial Service Examination
- Environmental Law Compliance In The Araku Valley
Civil Law
Introduction According to the Indian legal system, a minor lack contractual capacity, meaning incompetent to enter into a contract (as Section 11 of the…
RBI FLA Return: Overview and Purpose The Reserve Bank of…
Introduction Ignorance of law is generally not a defence in…
Brief Introductory Head Note The case MTS Papers India Limited v. Spento Papers India LLP,…
Introduction Profiteering refers to the act of making excessive or unfair profits, especially during times…
Overview of the MMDR Act, 1957 and Amendments The MMDR Act of 1957 is the…
Introduction The Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) serves as the…
Inherent Powers of the Civil Court under Code of Civil Procedure: Scope, Application and Limitations
The inherent powers of a civil court under the Code of Civil Procedure, 1908, reprsenet the judiciary’s residual authority to do complete justice where the procedural framework is silent or inadequate. Rooted in Section 151 and complemented by some provisions from Sections 148 to 153-A, these powers enable courts to secure the ends of justice and prevent abuse of process. While braod in scope, such powers remain circumscribed by the principle that they cannot contravene express statutory provisions or substitute prescribed remedies. Through judicial interpretation, including cases such as Vineeta Jamwal v. Col(Retd.) Vijay Singh and Salem Advocate Bar Association v. Union of India, the courts have reaffirmed that inherent powers serve as the safety valve of the Code, preserving the balance between procedural discipline and substantive justice.
Satyabrata Ghose v. Mugneeram Bangur & Co., (1953) 2 S.C.R. 377 Introduction and Facts of…
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