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.
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Odisha startup launches autonomous drone service
Bon V Aero has launched a fully autonomous logistics drone service called Air Orca.
ITI Ltd gets orders worth Rs 4,559 cr
With this, ITI Limited has emerged as the lowest bidder for three packages taking the total order value to Rs 4,559 crores, the company informed stock exchanges in a filing on Sunday.
Trump presidency set to benefit India due to US-China rivalry: Moody's Ratings
Trump's trade policy approach would likely bring immediate impacts to the manufacturing sector, the Moody's Ratings said, adding that although a divided Congress might slow down or adjust the scope of such measures.
EPFO clears audit Backlog, pushes reforms ahead of 72nd Foundation Day
Labour Secretary and Chairperson of Executive Committee, Central Board, Employees' Provident Fund Organization (EPFO), Sumita Dawra, presided over the 109th Meeting of the Executive Committee this week in the national capital.
Biz as usual in Canada despite tensions between New Delhi, Ottawa: SBI
State Bank of India (SBI) has not seen any impact in Canada despite the ongoing tensions between New Delhi and Ottawa, a top bank official has said.
FMCG brands drive premiumisation amid inflation
Despite persistent inflation and sluggish demand, several leading FMCG and retail brands are doubling down on their premiumization strategies, reshaping their approach to appeal to discerning customers.
Supreme Court Issued Notice To Delhi Tree Authority And Officers: What Procedure Followed In Tree Felling?
The Supreme Court in the case MC Mehta versus The Union Of India And Ors observed and has issued notice to the Tree Authority and the Tree Officers who are being appointed under the Delhi Preservation of Trees Act, 1994, in a petition filed seeking to prevent the Delhi government in order to permit tree felling under the Act without prior permission from the court.
SC: LIS PENDENS DOCTRINE KICKS IN WHEN PETITION IS FILED AND NOT WHEN COURT ISSUED NOTICE; IT APPLIES EVEN IF PETITION WAS IN DEFECT
The bench comprising of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra was hearing the present matter.
Delhi High Court: Cannot Approve MCD Not Paying Wages, Retiral Benefits To Its Employees; If They Default Must Suffer Interest
The Delhi High Court in the case Municipal Corporation of Delhi Versus Bijender Singh observed and has stated that it can never be an approver to the Municipal Corporation of Delhi, MCD for not paying wages or retiral benefits to its employees.
Delhi High Court To Centre: Take Policy Decision On Guidelines For Foreigners With Criminal Cases And Expired Indian Visas
The Delhi High Court in the case Court On Its Own Motion v State observed and has asked the Union Government to take a policy decision as to whether certain guidelines ought to be framed at national level in respect of foreigners against whom criminal cases are lodged and whose Indian visas have expired.
