Thursday, 13 May 2021

Section 151 CPC - Code of Civil Procedure - Saving of inherent powers of Court.

 Section 151 CPC Description

Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such Orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.


Comments


(i) Inherent powers cannot be exercised so as to nullify provisions of the Code. When Court deals expressly with a particular matter, the provisions should normally be regarded as exhaustive; National Institute of Mental Health and Neuro-Science v. C. Parameshwara, AIR 2005 SC 242.


(ii) Recourse to inherent powers in face of or in conflict with specific provision of statute is not permissible. Inherent power cannot be exercised to nullify effect of any statutory provisions; Abdul Rahim Attar v. Atul Ambalal Barot; AIR 2005 Bom 120.


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