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september 2010

Supreme Court of India · 2010-09-20

Shyamalika Das vs Gen.Manager,Gridco & Anr

Citation / case number
AIRONLINE 2010 SC 297
Court
Supreme Court of India
Petitioner
Shyamalika Das
Respondent
Gen.Manager,Gridco & Anr
Bench
H.L. Gokhale, R. V. Raveendran

Judgment text excerpt

The Supreme Court held that the High Court exceeded its jurisdiction under Section 100 of the Code of Civil Procedure by improperly applying Sections 89 and 151, which pertain to alternative dispute resolution and inherent powers of the court. The Court clarified that Section 89 CPC allows for referral to non-adjudicatory processes only when there is mutual consent, and cannot be used to impose a decision without such consent. The judgment of the High Court was set aside, reaffirming the need for proper adjudication based on the merits of the case.

Shyamalika Das vs Gen.Manager,Gridco & Anr · Niyam