Niyam v2 is live — start for just ₹100 — 200 credits to try

november 1964

Supreme Court of India · 1964-11-20

RAMKARANDAS RADHAVALLABH vs BHAGWANDAS DWARKADAS

Citation / case number
SC 1964/90461
Court
Supreme Court of India
Petitioner
RAMKARANDAS RADHAVALLABH
Respondent
BHAGWANDAS DWARKADAS
Bench
SARKAR, A.K.

Judgment text excerpt

The Supreme Court held that Rule 8 of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, which applies Order 37 of the Code of Civil Procedure, is not ultra vires. The Court clarified that inherent powers under Section 151 CPC cannot be invoked if a specific provision, such as Rule 4 of Order 37, governs the situation. The Court also stated that a decree can only be passed if the plaint discloses a cause of action, and the court must exercise discretion based on admitted facts, thus upholding the appellate court's decision to set aside the decree.

RAMKARANDAS RADHAVALLABH vs BHAGWANDAS DWARKADAS · Niyam