Submitted To Submitted By

Sharifa Sayma Rahman Name: Khalid Bin Siraj

Assistant professor ID:201100039

Eastern University, Bangladesh COURSE TITLE: LAWS ON CIVIL

Department of Law PROCEDURE III
COURSE CODE: 425
 The Inherent Power of the Court

Courts are crucial for resolving various human interaction issues, from minor disagreements to
complex legal matters. The court system operates under the Code of Civil Procedure, which
grants the court inherent powers to support explicitly conferred powers. These powers enable the
court to deliver justice in unforeseen circumstances where the Code may not contain express
provisions. By utilising these inherent powers, the court upholds the principles of fairness and
impartiality, ensuring that justice is served for all.

The Meaning of "Inherent" in Common Legal Practice:

"Inherent" refers to something essential and permanent, such as a court's power to administer
justice. Even without a specific provision, a court's inherent powers provide complete justice to
all parties involved. Section 151 of the Civil Procedure Code addresses these inherent powers.

For instance, when the law's complexity makes its interpretation unclear, and it could lead to
unjust treatment of any party, the court may use its inherent power with caution to ensure a fair
resolution and prevent injustice.

The Code of Civil Procedure, 1908, has provisions that address inherent powers:

1. Sections 148 and 149 deal with granting or extending time.

2. Section 150 covers the transfer of business.

3. Section 151 protects the court's inherent powers.

4. Sections 152, 153, and 153A deal with amending judgments, decrees, orders or separate
proceedings.

In legal proceedings, there are several crucial aspects that must be kept in mind to ensure a fair
outcome. One such aspect is the enlargement of time, a provision under Section 148 of the CPC.
This provision grants the Court the authority to extend the time allocated for completing any act
outlined in the CPC, irrespective of whether the original deadline has lapsed. However, it's
important to note that the Court has complete discretion in granting an extension, and it can only
be made concerning the initial time allocation. Generally, the Court can grant an extension of up
to 30 days, subject to any restrictions or limitations.

Another crucial aspect is the payment of court fees, governed by Section 149 of the CPC. This
provision allows the Court to rectify outstanding court fees on documents even after the statute
of limitations has expired. Paying the required fee makes the document valid and helps ensure a
fair outcome. It's important to note that paying the court fee in advance is necessary to present
the documents correctly. The Court has discretionary power and should only use it to uphold
justice.

Furthermore, Section 150 of the CPC deals with the transfer of business. It states that when a
court case is transferred to another court, the latter will have the same powers and duties as the
former. Additionally, Section 151 of the CPC gives the Court discretion to make orders not
explicitly stated in the laws, for justice and to prevent abuse of court procedures. This means the
Court has the inherent power to make necessary orders to ensure justice and prevent misuse of
court procedures, even if not expressed in the laws. These provisions ensure that justice is
served, and the legal system remains fair and just.

The scope of the exercising of Section 151 of the CPC can be represented by some cases as
follows:

1. The court can recheck its orders and correct any errors.
2. Provisional sanctions may be imposed where the matter is not covered by Order 39 or to
be used in conjunction with an 'ex parte order’.
3. Orders that are illegal or issued without jurisdiction can be set aside.
4. The court has the jurisdiction to assess subsequent occurrences in the case.
5. The Court can continue a trial ‘in camera’ or keep its proceedings from being made
public.
6. The court has the power to overturn comments made against a judge and
7. The court can enhance the case by re-hearing it on the merits or re-examining its
decision.

The inherent power can be exercised:

The court has inherent powers under Section 151 which should only be used to serve justice and
prevent abuse of court processes. It's important to note that these powers should not be employed
when specific provisions in the Code or other statutes prohibit or exclude them. This chapter
aims to provide a detailed analysis of each of these aspects.

THE ENDS OF JUSTICE

During legal proceedings, if there is a need to ensure justice is served and prevent obstruction,
the courts can take certain measures. One such measure is issuing interim orders. In such cases,
the Supreme Court has stated that the interests of justice should be given the utmost priority. Any
rule or procedure cannot limit the court's power. Even if a lower court doesn't have jurisdiction,
the higher court can choose not to interfere if the lower court's decision serves the interest of
justice. Interference in revision is discretionary and should only be used in the interest of justice.
The Patna High Court has demonstrated this in its judgments.

Under the Guardians and Wards Act 1890, the court has the power to protect the rights of minors
under Section 31. The court can also interfere with an order, especially an ex parte order, issued
due to its error, even suo motu, in the interest of justice. However, the court cannot grant relief
under inherent jurisdiction if another court can provide the same relief under an express
provision of the Code, even in such situations.

Abuse of the process of court

Abuse of the process of court refers to the intentional and improper use of legal proceedings to
gain an unfair advantage over an opponent. According to Mulla, this term is defined as such in
the International Journal of Pure and Applied Mathematics Special Issue. It is important to note
that only clear and intentional fraud on the debtor's part would make them liable to have their
insolvency petition dismissed on the grounds of abuse of the process of court. Schmidt and
Cohen (2013) explain that this term is commonly used in connection with an action for
maliciously using some method of court to harm another person.

The High Court has inherent power under S.151, Letters patent, and under Art. of the
Constitution to prevent the abuse of its capabilities. The court can dismiss a case on the grounds
of abuse of process of court if relevant facts were either not disclosed or were misrepresented,
which would be considered an abuse of the court process. However, if inaccurate facts did not
enable the plaintiff to obtain the relief they would not have received if the correct facts had been
disclosed, they would not be sufficient to dismiss the case. If the court is required to grant an
application and has no discretion to refuse it, it cannot dismiss it on the grounds of an "abuse of
the process of the court."

Moreover, if a decree of the first appellate court has become final, an application for a stay of its
execution cannot be granted on the grounds of an "abuse of process of court" or "in the interest
of justice" simply because a review application against the decree is pending. It is important for
all parties involved in legal proceedings to be aware of these rules to maintain fairness and
justice in the legal system.

It's crucial to note that in situations where the code or other statutes forbid a specific
action, it won't be possible to apply it.

The legal system upholds a crucial principle that dictates that specific provisions bind civil courts
and cannot resort to inherent powers. Any action taken by the court that violates the Code is
strictly prohibited. Once a judgment is signed, the court cannot modify or add anything, as this
would breach Order 20, Rule 3. It is important to note that this provision only grants the court
jurisdiction over civil matters. As such, the court cannot entertain any suit that solely relates to
caste. Additionally, according to special law, the court cannot hear a rent suit that can only be
tried by a revenue court. It is also worth noting that the court cannot rely on this provision to
overlook the statute of limitations provisions. The court cannot extend the limitation period
based on equity and justice.

It is crucial to understand that remanding the entire case to the trial court for additional evidence
gathering and then disposing of it according to the law would be invalid. This would contravene
specific provisions of the CPC. The court also does not use its powers under this section to
compel a person to undergo a medical examination. If the Representation of the People Act
prohibits condonation in filing a petition, the same cannot be remedied by using inherent powers
in the interest of justice. It is essential to adhere to the specific provisions of the law to ensure
that justice is served and the rights of all parties are protected.

In the case of Manohar Lal Chopra v Rai Bahadur Rao Raja Seth Hiralal, the court established
the power of Section 151 (S.151) to make orders ex-debito justitiae. This provision grants the
court the ability to make orders necessary for justice and to prevent abuse of process. However, it
is important to note that this power cannot override the Code of Civil Procedure (CPC)
provisions, which must be considered exhaustive when dealing with a particular matter. In other
words, the power granted by S.151 should only be utilized if no other statutory remedy is
available.

The court's inherent power was further discussed in the case of Ram Chand & Sons Sugar Mills
Pvt Ltd v Kanhayalal Bhargav. It was confirmed that the inherent power is supplementary to the
powers expressly conferred by the Code. This means that it cannot be used if it conflicts with
other provisions of the Code or if there are express provisions that cover a specific topic
exhaustively.

Section 151 of the law acknowledges and grants the court the power to provide justice in cases
where neither the Code of Civil Procedure nor any other legal provision applies. This provision
grants the court the necessary flexibility to ensure justice is served in all cases, even where the
law may not provide a clear path forward. Thus, it is a crucial tool for the court to ensure that
justice is served in all cases, regardless of the legal complexities involved.

The court possesses an inherent power, enabling it to administer justice in cases not covered by
the existing laws or when the application of laws is unclear. This power is recognized by Section
151, but it can only be utilized when there are no explicit prohibitions in the Code or any other
statute or when a provision of the Code can be applied to the case. "Inherent powers" are strictly
limited to ensuring justice and preventing abuse of the court's processes as long as it does not
violate any existing law or provision. Section 151 acknowledges that the court can dispense
justice in situations where the Code of Civil Procedure or any other statute is not applicable,
thereby upholding the court's responsibility to safeguard the interests of all parties involved.