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Inherent Powers of The Court

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23 views2 pages

Inherent Powers of The Court

Uploaded by

chatwithdk4u
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Inherent powers of courts

Inherent powers of courts are those powers which may be applied by the court to perform full and
complete justice between the parties before it. It is the duty of the Courts to serve justice in every case,
whether given in this code or not, brings with it the important power to do justice in the absence of a
definite or separate provision. This power is said to be the inherent power that is maintained by the
court, though not conferred. Section 151 of the Civil Procedure Code deals with the inherent powers of
the court.

Provisions of Section 148 to 153B of CPC

The law relating to inherent powers of Court is mentioned in Section 148 to Section 153A of the Civil
Procedure Code, which deals with the exercise of powers in different situations. Following are the
provisions of Inherent powers of Courts:

 Section 148 and Section 149 deals with grant or enlargement of time;
 Section 150 deals with the transfer of business;
 Section 151 protects the inherent powers of the courts; and
 Section 152, 153 and Section 153A deals with amendments in judgments, decrees or orders or in
separate proceedings.

Enlargement of time

Section 148 of the CPC states that where any term is fixed or awarded by the Court for the doing of any
act provided by CPC, it is the discretionary power of the Court that Court may enlarge such period from
time to time, even though the term originally fixed or awarded may have departed. In simple words,
when a term is fixed by provision for the doing of any act, the Court has the power to extend such
period up to 30 days.

Payment of court fees

According to Section 149 of CPC, “Where the entire or a portion of any fee commanded for any
certificate by the law for the time being in force relating to court-fees has not been met, the Court may,
in its discretion, at any step, permit the person by whom such fee is payable, to pay the whole or part as
the case may be, of such court-fee; and upon such payment, the document, in regard of which such fee
is payable, shall have the same force and result as if such fee had been paid in the initial situation.

Transfer of business

According to Section 150 of CPC, “Save as otherwise granted, where the business of any Court is
assigned to any other Court, the Court to which the business is so assigned shall have the same authority
and shall make the same duties as those sequentially presented and forced by or under this Code upon
the Court from which the business was so assigned.”

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.’ It is not
obligatory for the court to wait for the law made by parliament or order from the higher judiciary. Court
has discretionary or inherent power to make such order which is not given in terms of laws for the
security of justice or to check misuse of the method of the Court.

Amendment of judgments, decrees, orders, and other records

Section 152 of CPC deals with the “Amendment of judgements, decrees, and order.” According to
Section 152 of CPC, Court has the power to change (either by own actions or on the application of any of
the parties) written or arithmetical mistakes in judgments, decrees or orders or faults arising from an
unexpected lapse or imperfection.Section 153 deals with the “General authority to amend.” This Section
empowers the court to amend any fault and error in any proceedings in suits and all required
improvements shall be made for the purpose of arranging raised issues or depending on such
proceeding.

Limitation

The exercise of inherent powers carries with it certain barriers such as:

 They can be applied only in the deficiency of particular provisions in the Code;
 They cannot be applied in dispute with what has been expressly given in the code;
 They can be applied in rare or exceptional cases;
 While operating the powers, the court has to follow the method shown by the legislature;
 Courts can neither exercise jurisdiction nor entrust in them by law;

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