Supreme court on Section 151

2011(3) CURRENT TAMILNADU CASES – Page 422 - SUPREME COURT

Section 151 – Section 151 cannot be routinely invoked for re-opening evidence or recalling witness – It is not substantive provision which confers or creates any power or jurisdiction on courts – It can be used for purpose for which there is no express or implied provisions in code – Ends of Justice must warrant invoking Section 151 – Section 151 cannot be used when remedy or procedure is provided in code – Court will be doubly cautious in exercising powers under Section 151 and it will depend on discretion and wisdom of court and facts and circumstances of case.