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Inherent Powers of Civil Courts  Question: Civil courts should invoke inherent powers in order to for the ends of justice or to prevent abuse of the process of the Court- do you agree with this statement? Answer with relevant law and example. Answer: Application of inherent power I agree with the statement that-Civil courts should invoke inherent powers in order to for the ends of justice or prevent abuse of the process of the Court. Because, there is a principle - actus curiae neminem gravabit meaning 'any act of court cannot infringe any legal right of any person'. Based on such principle, it has been held that if any party is aggrieved by any process of the court, he must have a relief. In the same way, any party of the suit may be guilty the abuse of the process of the court, for example, any party may obtain any advantage by fraud. Inherent power of the court means the application of special jurisdiction of court to conduct its judicial proceedings equitably. Courts use ...

The British Crown & Prerogatives The British Crown In early days all powers of the government were centered in the man who wore the Crown-the state cap of royalty. Down to 1688, the king was an efficient factor in the constitution. He ruled as well as reigned. Thenceforth it became otherwise. The King still reigns but he has gradually ceased to rule. And the fact that of the Constitution today is that the King has nothing to do with the affairs of the government. Functions of the Monarchy Personal authority of the King: In the actual conduct of the work of the government the Monarch personally performs certain specific acts and the most important of these is that the King must make certain that he has a government in the United Kingdom." The King as adviser The Monarch's role as a critic, adviser and friend of the Ministers is very much important. According to Bagehot, the Sovereign has "three rights- the right to be consulted, the right to encourage, the right wa...

Rules on Appeal Revision Review & Power of Appellate Court Question: Discuss Appeal, and revision as mentioned in the Code of Civil Procedure, 1908 Answer: What is Appeal? Any aggrieved party can file an appeal against the order of a lower court for the dismissal, amendment or judicial review of the order before a higher court. 1. Appeal should be filed in the form of memorandum. (order 41, rule 1) 2. Every appeal shall be signed by the appellant or his advocate (order 41, rule 1) 3. A copy of the decree or order shall be submitted with each memorandum (order 41, rule 1) 4. The appellant shall not, except by leave of the Court, urge or be heard in support of any ground of objection not set forth in the memorandum of appeal; but the Appellate Court, in deciding the appeal, shall not be confined to the grounds of objection set forth in the memorandum of appeal or taken by leave of the Court under this rule. (Order 41, rule 2) 5. If there is no provision of appeal in law, no appeal c...

Government Ministerial Responsibility in the United Kingdom Responsibility of the Ministers of UK For the doctrine of government under the law to be observed, it is essential that government be both accountable to parliament and to the electorate, and that government be conducted in a manner sufficiently open, subject to the requirements of the national interest, to inspire public confidence Marshall and Moodie describe ministerial responsibility in the following words, Ministers are responsible for the general conduct of government, including the exercise of many powers legally vested in the Monarch; and ultimately, through parliament and parties, to the electorate'. Ministers inform and explain, apologise, take remedial action, or resign in support of the convention of ministerial responsibility. This is not an area regulated by statute, rather practice has developed according to precedent and guidance. Most recently, that guidance has become formalised in the Ministerial Code, ...

The Cabinet and the Prime Minister of the United Kingdom Privy Council and Cabinets The consultative and advisory functions formerly belonged to the Privy Council. Now they are exercised by a small group of Ministers known as the Cabinet. The Cabinet grew as an inner Council within the Privy Council, and members possess the exclusive right to advise the King, and are known to the law as the Privy Councilors. But as body, the Cabinet is not recognized either by the common law or statute law and the rules which regulate its working as well its relation with the Crown or the Parliament are entirely based on conventions. Growth of the Cabinet In its origin the Cabinet was an informal committee selected at his pleasure by the King from the larger body of the Privy Council to advise him in the work of the Government. At first their members were not necessarily members of the legislature, and they were responsible to the King alone. The Cabinet system was definitely adopted by Charles II....

Provisions Relating to Appointment Powers Duties and Removal of Receiver Question: Who is a receiver? When can a receiver be appointed? Answer: Receiver: The "receiver" is a person who is an officer appointed by the court to look after the property under trial. Subject to the provisions of Section 51 of the Civil Procedure Code, 1908, if deemed appropriate and convenient, an order may be issued for the appointment of a "receiver" on the application of the Decree-holder. The court exercises this special power vested in it in issuing decrees. The order appointing the receiver is subject to the 'discretionary power' or discretion of the court. When a receiver is appointed In cases where it is necessary to appoint a receiver for proper management or preservation or collection or maintenance of any property, the court shall appoint a receiver as the recipient of such property if it deems fit and convenient. The receiver is appointed to protect the subject-mat...

Question Answer on Ad interim or Temporary Injunction Question: 'No order of ad interim or temporary injunction without hearing the opposite party is permissible'- how shall you evaluate this proposition in the light of the Code of Civil Procedure? Answer: The provision of temporary injunction without the hearing of the other party: 'No order of ad interim or temporary injunction without hearing of the opposite party is permissible'- the provision has been discussed in rule 5A of order 39 of the Code of Civil Procedure. Such provision is necessary for the interest of justice. Because, if an order of injunction has been made without hearing of the other party, that prejudices the rights of the parties of the suit. The provision of rule 5A of order 39 is discussed below: Court shall not, without serving reasonable notice to the Government Pleader and giving him or any Pleader authorised by him in that behalf an opportunity of being heard, pass ex parte any order of ad in...