Revision under Section 115 and Inherent Powers (Section 151) Section 115 grants a party the right to revise a decision that was made in a lower court. Th...
Section 115 grants a party the right to revise a decision that was made in a lower court. This right applies when there are "exceptional circumstances" that prevent a party from receiving a fair trial.
Example: A party might be entitled to revise a decision if they were unable to obtain adequate notice of the case, which led to unfair prejudice.
Section 151 defines inherent powers as those inherent to a particular case that cannot be waived by the court. This means that a court cannot disregard the existence of inherent powers when deciding a case.
Example: In a criminal case, the inherent power to convict the defendant might preclude the court from dismissing the case based on insufficient evidence.
Key Differences:
Section 115: Allows a party to revise a decision if there are exceptional circumstances that prevent them from receiving a fair trial.
Section 151: Defines inherent powers, which cannot be waived by the court and must be considered by the court in determining a case.
Remember:
Both sections apply when a party seeks to overturn a decision.
The burden of proof lies with the party seeking revision.
The court will consider both the specific facts of the case and the inherent powers of the case