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What is Doctrine of Ancillary Powers ?

Doctrine of ancillary powers

The doctrine of ancillary powers in India refers to the power of a court to make orders that are incidental or supplementary to the main relief that is sought in a case. The doctrine of ancillary powers is based on the principle that a court has the authority to do whatever is necessary or desirable to give full effect to its judgment, and to ensure that justice is done in a particular case.

The doctrine of ancillary powers is an important aspect of the judicial system in India, as it allows courts to address issues that may arise in the course of a case, and to make orders that are necessary to ensure that justice is done. The doctrine of ancillary powers is often invoked in cases where a party seeks to enforce a judgment or order of the court, or where a party seeks to protect their rights or interests in the course of a case.

The doctrine of ancillary powers is typically applied by courts in India in cases where the main relief that is sought is not sufficient to fully address the issues in the case, or where there are additional issues that need to be resolved in order to ensure that justice is done. The doctrine of ancillary powers allows courts to make orders that are incidental or supplementary to the main relief that is sought, in order to address these additional issues.

The doctrine of ancillary powers is an inherent power of the courts in India, and it is recognized and applied by the courts in the exercise of their judicial functions. The doctrine of ancillary powers is an important aspect of the rule of law, as it allows courts to ensure that justice is done in a particular case, and to give full effect to their judgments.

The principles of the doctrine of ancillary powers in India are as follows:

  1. The doctrine allows a court to make orders that are incidental or supplementary to the main relief that is sought in a case.
  2. The doctrine is based on the principle that a court has the authority to do whatever is necessary or desirable to give full effect to its judgment, and to ensure that justice is done in a particular case.
  3. The doctrine is typically applied in cases where the main relief that is sought is not sufficient to fully address the issues in the case, or where there are additional issues that need to be resolved in order to ensure that justice is done.
  4. The doctrine allows courts to make orders that are incidental or supplementary to the main relief that is sought, in order to address these additional issues.
  5. The doctrine is an inherent power of the courts in India, and it is recognized and applied by the courts in the exercise of their judicial functions.
  6. The doctrine is an important aspect of the rule of law, as it allows courts to ensure that justice is done in a particular case, and to give full effect to their judgments.

Landmark Judgements

In the case of State of Tamil Nadu v K. Balu, [2007] 2 SCC 573, the Supreme Court of India applied the doctrine of ancillary powers to make orders that were incidental or supplementary to the main relief that was sought in the case.

In the case of Pradyut Bordoloi v Union of India, [2013] 5 SCC 716, the Supreme Court of India applied the doctrine of ancillary powers to make orders that were incidental or supplementary to the main relief that was sought in the case.

In the case of State of Tamil Nadu v M.P. Samuthiram, [2014] 6 SCC 690, the Supreme Court of India applied the doctrine of ancillary powers to make orders that were incidental or supplementary to the main relief that was sought in the case.

In the case of Subrata Roy Sahara v Securities and Exchange Board of India, [2014] 8 SCC 393, the Supreme Court of India applied the doctrine of ancillary powers to make orders that were incidental or supplementary to the main relief that was sought in the case.

 

 

 

 

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Team Lawctors

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