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UNION OF INDIA ORS versus SMT. DARSHNA DEVI

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JT 1996 (1) 622 1996 SCALE (1)608

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UNION OF INDIA ORS V. SMT. DARSHNA DEVI [1996] RD-SC 108 (22 January 1996)

RAMASWAMY, K.

RAMASWAMY, K.

G.B. PATTANAIK (J)

CITATION: JT 1996 (1) 622 1996 SCALE (1)608

ACT:

HEADNOTE:

O R D E R This Court by order dated March 2, 1995 disposed of the appeal in the light of the earlier law laid down by this Court. Review petitions in these appeals were filed and the same came to be dismissed on May 10, 1995. Now these applications have been filed after changing the counsel, for clarification and modification of the order.

I.A.No. in CA No. 3450-/95 -------------------------- When this Court asked the counsel as to under what provisions of law these applications are maintainable, the counsel found himself unable to bring to out notice any provision under which this application could be entertained.

The counsel states that the Court can do it under its inherent power. Inherent power is meant only to correct orders when other remedy is not available. Since the remedy by way of review under the rules of this Court has been provided for and has been availed of, the inherent power cannot be invoked again for further clarification or modification. It would be an obvious abuse of the process of law without any responsibility.

The I.A. is accordingly dismissed.

I.A. Nos. in CA Nos. 3451-3520/95 --------------------------------- If the decree is not drawn in accordance with the directions of this Court, then remedy would be open to the petitioners to have that decree corrected according to law.

I.A.s are accordingly disposed of.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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