When can an application under Section 151 of the CPC be filed to recall a final decree?

Section 151 of the CPC provides for Civil Courts to invoke their inherent jurisdiction and utilize the same to meet the ends of justice or to prevent abuse of process. Although such a provision is worded broadly, the Supreme Court has tempered the provision to limit its ambit to only those circumstances where certain procedural gaps exist, to ensure that substantive justice is not obliterated by hyper technicalities

Category: Jurisprudence   Posted on: September 7, 2022

When should a Judge recuse himself on ground of bias?

It is a well ­established principle, both in our jurisprudence and across the world, that “[N]ot only must justice be done; it must also be seen to be done”. whether there was a real likelihood of bias or not has to be ascertained with reference to right ­minded persons; whether they would consider that there was a real likelihood of bias

Category: Jurisprudence   Posted on: September 5, 2022