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Browsing: Civil Law
Introduction In the ever-evolving landscape of Indian jurisprudence, the Supreme Court stands as the sentinel of constitutional values, ensuring uniformity,…
Abstract The Grama Nyayalaya Act, 2008, was enacted with the vision of revolutionizing the Indian judicial landscape by decentralizing justice…
The plea of res judicata is not a mere technical objection but a substantive right which, when properly raised, must…
(As amended up to date, including the West Bengal Fire Services (Amendment) Act, 2022 and related Rules) Fire safety is…
Introduction In the realm of civil litigation, the question of jurisdiction stands as a cornerstone, embodying the very authority of…
Brief Introductory Head Note The case MTS Papers India Limited v. Spento Papers India LLP, FAO (COMM) 214/2025, decided on…
Overview of the MMDR Act, 1957 and Amendments The MMDR Act of 1957 is the main rulebook for all mining…
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.
The Jute and Jute Textiles Control Order, 2016 The Jute and Jute Textiles Control Order, 2016 was issued by the…
Factual Background The dispute between the petitioner, Mr. Pradeep Bailey, and the respondent, Ms. Gilma Daniel, arose from a long-standing…
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