The court while interpreting Section 151 of the CPC, observed that as the Code of Civil Procedure is not exhaustive, the simple reason being that the Legislature is incapable of contemplating of all the possible circumstances which may arise in any future litigation and consequently, for providing the procedure for them.
Thus, it is well established that when the Code of Civil Procedure is silent regarding a procedural aspect, the inherent power of the Court as stated under section 151 of the Code of Civil Procedure, CPC can come to its aid for doing real and substantial justice between the parties.
The counsel appearing for the appellant-Mosque Committee argued before the court that under Section 152 of CPC, only clerical and arithmetical mistakes in an order or error arising therein from any accidental slip or omission could be corrected by the Court on its own motion or on the application made by a party and not otherwise.
It was also argued before the court that for correcting such errors on its own motion, the Court ought to have mentioned that it was invoking its suo-moto powers for making corrections and passing a fresh order allowing the puja.
The bench headed by Justice Rohit Ranjan Agarwal held that the basic principle of Section 151 is to act ex debito justitiae.
Esta historia es de la edición March 11, 2024 de The Business Guardian.
Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 8500 revistas y periódicos.
Ya eres suscriptor ? Conectar
Esta historia es de la edición March 11, 2024 de The Business Guardian.
Comience su prueba gratuita de Magzter GOLD de 7 días para acceder a miles de historias premium seleccionadas y a más de 8500 revistas y periódicos.
Ya eres suscriptor? Conectar
Several parts of Mumbai witness waterlogging as heavy rains lash Mumbai
As heavy rains lashed Mumbai on Saturday night, several parts of the city faced waterlogging causing traffic snarls.
Two planes take off in quick succession on same runway; DGCA takes action
India's aviation watchdog, the Directorate General of Civil Aviation (DGCA), is investigating an incident at Mumbai airport where an IndiGo plane landed while an Air India aircraft took off from the same runway within less than a minute.
Posters of Modi 3.0 put up at BJP Maharashtra's party office in Mumbai
Posters of 'Modi 3.0' were put up at the BJP Maharashtra party office in Mumbai ahead of the swearing-in ceremony of the new government to be held on Sunday evening at Rashtrapati Bhavan.
Awhad questions use of private security at Powai demolition site
The presence of private bouncers at the site of the recent demolition in Powai's Jai Bhim Nagar has sparked concern, particularly as displaced residents remain without shelter. Nationalist Congress Party MLA Jitendra Awhad visited the area and raised questions about the deployment of private security personnel, citing a state government directive that prohibits demolitions during the monsoon months.
NCP pushes for cabinet berth amid Maharashtra political dynamics
Maharashtra Deputy Chief Minister Devendra Fadnavis revealed on Sunday that the Ajit Pawar-led Nationalist Congress Party (NCP) is seeking a cabinet berth in Prime Minister Narendra Modi's government, having turned down the BJP's offer of a Minister of State (MOS) position with independent charge.
MAHARASHTRA MP RAKSHA KHADSE LIKELY TO BE PART OF MODI 3.0 CABINET
Following her participation in the tea meeting at PM Modi's residence at 7 Lok Kalyan Marg, BJP MP-elect from Maharashtra's Raver, Raksha Khadse expressed her satisfaction with working with Prime Minister-designate Narendra Modi.
PV Exports surge by 268K units in 4 years; Maruti leads gain
Passenger vehicle exports from India increased by 268,000 units over the past four financial years, with Maruti Suzuki India contributing nearly 70 percent of the additional shipments during this period.
PNB to open Dubai representative office, expand overseas
Punjab National Bank, Punja a state-owned bank, intends to establish a representative office in Dubai as part of its global expansion strategy.
Congress President kharge to attend Modi's Oath ceremony
Congress President and Leader of Opposition in Rajya Sabha, Mallikarjun Kharge has decided to attend the swearing-in ceremony of Prime Minister Narendra Modi at Rashtrapati Bhawan today.
India to transform into Viksit Bharat under Narendra Modi: MP assembly Speaker Tomar
Madhya Pradesh Assembly Speaker Madh Narendra Singh Tomar said on Sunday that India will be transformed into a \"Viksit Bharat\" (developed India) under the leadership of Narendra Modi who will take oath today as Prime Minister for a third term in the evening.