SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1991 Supreme(Bom) 547

M.F.SALDANHA
Steelage Industries Ltd. & another – Appellant
Versus
Chander Sagai – Respondent


JUDGMENT - M.F. SALDANHA, J.:---Can a litigant invoke the inherent powers of a Civil Court under section 151 of the Code of Civil Procedure, 1908 for purposes of circumventing the statutory provisions on the ground that the interests of justice would condone such a procedure. The obvious answer is an emphatic no, particularly where what is defined as justice to one party, in reverse results in injustice to the opponent. The present petition deals with a mixed question of fact and law and touches upon one of the situations in which interference under Article 227 of the Constitution of India may be necessary, not to set aside an order but to correct it.

2. The petitioners before me are the defendants in R.A.E. Suit No. 1386/4379 of 1987 instituted by the landlady Smt. Chander Sagai. The respondent has sought recovery of possession of the premises on the ground of bona fide use and requirement and the history of the proceeding discloses a rather unpleasant background. The respondent succeed in obtaining an order for expedition of the suit from this Court, and pursuant to this direction on 3-10-1991 the matter was listed before the Court of Small Causes, Bombay. It appears that on that


















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top