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N.K.Assumi (Advocate)     22 February 2009

Invoking of Inherent power of the Court under CPC by Motor Vehicle Claims Tribunals.

Dear All,

                               Is it competent for the Motor Vehicle Claims Tribunals to invoke the Inherent power of the Court under section 151 CPC 1908 to do justice to the party, when one of the party resort to delay tactics in disposal of the case? Delay in a sense adjourning, non production of the witnesses, not appearing on the date fixed, no step initiated etc?



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 3 Replies

PALNITKAR V.V. (Lawyer)     25 February 2009

Sec. 169 of the Act lays down that the tribunal has summary powers. If the other party is adopting dilatory tactics, the tribunal can proceed further by denying adjournments. Inherent powers are not required for that.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     05 March 2009

Mr. planitkar is absolutely right.

ram murti (advocate) (lawyer)     02 November 2009

ther is no use of s/151 cpc when there is provions in m.v.act 1988 for summary disposal of m.a.c.p.rammurti(advocate)


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