What is the meaning of Section 151 CPC?

Section 151 of CPC

Section 151 deals with “Saving of inherent powers of Court.” This Section states that 'Nothing in CPC shall be considered to restrict or otherwise affect the inherent power of the Court to make such orders as may be important for the ends of justice or to limit abuse of the method of the Court.

What do you mean by inherent power of the court?

The inherent power of the court is that which is inherent in a court by the very fact of its being empowered to exercise any jurisdiction at all so that it comes within the express sense of the law of within the consequences that may be gathered from it. Scope: the Code of Civil Procedure is not exhaustive.

What is the meaning of inherent power?

Inherent powers are powers not explicitly specified in the Constitution that enable the government to take actions necessary to efficiently perform essential duties. Both the President of the United States and Congress exercise inherent powers.

What is the limitation of inherent power?

An important limitation imposed on a court seeking to exer- cise its inherent power is the prior approval of either a state court administrator, or the supreme court itself, as a prerequi- site to the exercise. Several states have embodied this require- ment in an administrative order or court rule.

What are the 3 inherent powers of government?

These three powers—of eminent domain, police, and taxation—were acknowledged as legitimate attributes of government by natural law theorists, and they are today the principal means by which American govern- ments regulate and control property.

Section 151 of The Code of Civil Procedure,1908 - Inherent Powers of Courts

What are three examples of inherent powers?

Inherent powers, although not expressly delegated by the Constitution, are powers that are intrinsically held by any national government of a sovereign state. Examples of inherent powers include the power to control immigration, the power to acquire territory, and the power to quell insurrections.

Which court has inherent powers under CPC?

The High Court has inherent power under S. 151, under Letters patent, and under Art 215 of the Constitution to prevent abuse of its process. For an instance, it is an abuse of the process of the court when the facts germane to the issue are either not disclosed to the court or are not stated in the true sense of it.

Can the court exercise the inherent power u/s 151 to get over the bar of limitation?

If there is a clear provision in the C. P. C. itself and a particular case falls fairly and squarely within such provision then it will not be possible to invoke the inherent powers under Section 151 merely to get over the bar of limitation.

What is the difference between implied and inherent powers?

The implied powers, in the elastic clause of the Constitution, are powers the national government requires to carry out the expressed powers. C. The inherent powers of the national government are powers it exercises simply because it is a government.

How many orders are there in CPC?

The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.

What is review under CPC?

The dictionary meaning of review is to examine or to study again. So, the review of judgment is to examine or study again the facts and judgment of the case. Review of judgment is the substantive power of review by the court mentioned in Section 114 of CPC.

What is a decree under CPC?

(2) "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.

What are 5 examples of implied powers?

What are three implied powers?

Maryland, the Supreme Court under Chief Justice John Marshall holds that the powers to tax, borrow, and coin money give Congress the implied power to establish a national bank.

What is the difference between reserved and concurrent powers?

Concurrent Powers – are those powers that both the National and State Government possess and exercise. Reserved Powers are those powers that the Constitution does not grant to the National Government and does not, at the same time deny to the States.

What is the section 151?

—Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

What is suit of civil nature?

The expression suit of civil nature covers the private rights and obligations of a citizen. If the principal question relates to caste or religion, it is not a suit of civil nature.

Can a defendant file an injunction?

defendant can seek for injunction against plaintiff.

Who is a legal representative in CPC?

Definition of a Legal Representative

As per Section 2(11) of the C.P.C, a legal representative is a person in law who represents the estate of a deceased person. This includes anyone who interferes with the estate of a deceased person, as well as the person to whom the estate devolves upon the death of the party.

What is interim order in CPC?

Interim aka Interlocutory orders are those which are passed during the pendency of the suit or proceedings (lis pendens) and the rights, liabilities of the parties are generally not substantially decided as per the suit.

What is temporary injunction under CPC?

A temporary or interim injunction restrains a party temporarily from doing the specified act and can be granted only until the disposal of the suit or until the further order of the court. It is regulated under the provisions of Order -XXXIX of CPC and may be granted at any stage of the suit.

What are denied powers?

Denied Powers

The powers denied to the states are specified in an even shorter list in Article I, Section 10. These include: No state shall enter into any treaty, alliance, or confederation; ... coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts;...

Which is a concurrent power?

Concurrent powers refers to powers which are shared by both the federal government and state governments. This includes the power to tax, build roads, and create lower courts.

What are informal powers?

Informal powers of the president

Power. Definition. Bargaining and persuasion. Setting priorities for Congress and attempting to get majorities to put through the president's legislative agenda. Issuing executive orders.

What is the purpose of implied powers?

Implied powers are political powers granted to the United States government that aren't explicitly stated in the Constitution. They're implied to be granted because similar powers have set a precedent. These implied powers are necessary for the function of any given governing body.