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Inherent Powers of The Court

Inherent powers of the court are essential attributes that allow courts to ensure justice, even in the absence of specific provisions. The Civil Procedure Code outlines these powers in Sections 148 to 153B, which include enlarging time, amending judgments, and addressing deficiencies in court fees. However, the exercise of these powers is limited to exceptional cases and must adhere to legislative methods while respecting established legal principles.

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15 views3 pages

Inherent Powers of The Court

Inherent powers of the court are essential attributes that allow courts to ensure justice, even in the absence of specific provisions. The Civil Procedure Code outlines these powers in Sections 148 to 153B, which include enlarging time, amending judgments, and addressing deficiencies in court fees. However, the exercise of these powers is limited to exceptional cases and must adhere to legislative methods while respecting established legal principles.

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Samavia Samavia
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© © 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 THE COURT:

Meaning of ‘inherent’ is existing in something as a permanent, absolute, inseparable, essential or


characteristic attribute.

Inherent powers of courts are those powers which are annexed to the court at the time of
establishment of the court which are inseparable, un-extinguished and essential element to ensure
the proper justice to the parties. These 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, hence these powers can never be detached from 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:

PROVISIONS RECOGNIZING THE INHERENT POWERS OF THE COURT:

• Section 148 of CPC enlargement of time

• Section 149 power to make up deficiency of court fees

• Section 151 inherent powers of the court

• 152 amendments to judgment decree or order.

• Section 153 general powers to amend


EXERCISE OF INHERENT POWERS BY THE COURT:

The court shall exercise its inherent powers to meet the ends of the justice. Where no provision
expressly provides the remedy then the court exercising its inherent power grant justice to
parties.

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;

 To abide by the principle of Res Judicata i.e., not to open the issues which have
already been decided finally;

 To pick a mediator to make an award afresh;

 Substantive rights of the parties shall not be taken away;

 To limit a party from taking proceedings in a court of law; and

 To set apart an order which was valid at the moment of its issuance.

Ends of justice

In the case of Debendranath v Satya Bala Dass, the meaning of “ends of justice” was explained.
It was held that “ends of justice” are solemn words, also theres words are not merely a polite
expression as per juristic methodology. These words also indicate that Justice is the persuit and
end of all law. However, this expression is not vague and indeterminate notion of justice
according to laws of the land and statutes.
The Court is allowed to exercise these inherent powers in cases like- to recheck its own order
and correct its error, to pass injunction in case not included by Order 39, and an ex parte order
against the party, etc

Summary of Provisions of Inherent powers of Courts

A summary of Section 148 to Section 153B is that the powers of the court are quite deep and
extensive for the scope of:

 Reducing litigation;

 Evade multiplicity of proceedings; and

 To supply full and complete justice between the parties.

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