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COURTS INHERENT POWER INCLUDES POWER TO RECTIFY ITS MISTAKES

Jagannatha Shetty, J. in State of Karnataka v. Balekal Krishna Bhat ((1975) 2 Kant LJ 489) in which he affirmed an order made by the trial Court exercising the inherent Powers in setting aside the order of dismissal of a reference made under Section 18 of the Land Acquisition Act: "If the Court commits a mistake thereby causing injustice to any party before it, the Court would be under legal obligation to correct such mistake so as to render justice to the party. The power conferred by Section 151 is meant for that purpose."


Kariyanna vs Isthuri Subbaiahsetty And Ors. AIR 1981 Kant 234, 1981 (1) KarLJ 66 A Judge owes it to himself and the litigant public to correct his own mistake when once the same is brought to his notice and he will be failing in his duty if he does not do so and sticks to his previous order, as if he is infallible. A Judge should approach the same in all humility and rectify the mistake if he is convinced of the same.

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