What does Section 151 CPC deal with?
Asked by: scraper | Last update: August 13, 2026Score: 0/5 (0 votes)
Section 151 of the Code of Civil Procedure (CPC) preserves the inherent powers of civil courts. It acts as a safety valve, allowing courts to make necessary orders to secure the "ends of justice" or to prevent the "abuse of the process of the court".
What is Section 151 of the CPC in simple words?
Section 151 of the Code gives inherent powers to the court to do justice. That provision has to be interpreted to mean that every procedure is permitted to the Court for doing justice unless expressly prohibited, and not that every procedure is prohibited unless expressly permitted. Rajendra Prasad Gupta v.
What are the key elements of Section 151 CPC?
(Paras 28.2, 13 and 14) The inherent powers under Section 151 CPC can be exercised where a party has obtained a decree or order by playing a fraud upon the court, or where an order has been passed by a mistake of the court, the court may be justified in rectifying such mistake, either by recalling the said order, or by ...
What does section 151 of the CPC cover?
To Stay Proceedings: Courts invoke Section 151 to stay proceedings when continuing litigation could lead to conflicting outcomes or cause irreparable harm. To Grant Interim Reliefs: In cases where immediate intervention is necessary, courts use inherent powers to grant temporary relief to prevent injustice.
How does Section 151 CPC affect civil cases?
Section 151 CPC preserves the inherent powers 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. It ensures that technicalities do not override fairness and justice during judicial proceedings.
Inherent Powers Of Civil Court ( Section 151 CPC )
Can a suit be dismissed under section 151 CPC?
The Bombay High Court has held that a civil court can exercise its inherent jurisdiction under Section 151 of the Code of Civil Procedure, 1908, to dismiss a suit as infructuous when subsequent events render the original cause of action non-existent.
What are some examples of section 151 usage?
Practical Examples of Use of Section 151 CPC
- Staying proceedings to prevent parallel litigation.
- Recalling an order passed without giving an opportunity of hearing.
- Correcting clerical or procedural errors where Section 152 is not applicable.
- Preventing abuse of process through repeated and vexatious applications.
What is application under 151 CPC?
Application under Section 151 of the Code of Civil Procedure for seeking exemption from filing the certified copy before the High Court. AN APPLICATION UNDER SECTION 151 CPC FOR EXEMPTION FROM FILING THE ORIGINAL/ CERTIFIED/ LEGIBLE COPIES OF THE ANNEXURES TO THE PETITION.
What is the meaning of section 151?
Section 151. Saving of inherent powers of Court. Previous Next. 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.
What is approval under section 151?
Under section 151 sanction/approval is required from competent authority before issuance of notice u/s 148 (1) by the AO. For such sanction, the AO has to place all the material and reasons recorded before the competent authority.
What is the punishment for 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.
Why would someone get a publication ban?
The publication ban will be ordered if the Court decides that the publication ban is needed to protect the identity of the victim, witness, or justice system participant. There might be certain terms or conditions attached to the order — for example, the publication ban might be effective for only a fixed period.
What is order 7 rule 11 read with section 151 CPC?
An application for rejection of the plaint under Order 7 Rule 11 can be filed by the defendant at any stage of the suit before the issues are framed. This means that the defendant can raise this objection even before filing their written statement.
What is a Section 151 officer?
Section 151 Officer:
Section 151 of the Local Government Act 1972 requires local authorities to make arrangements for the proper administration of their financial affairs and appoint a S151 Officer, also known as a Chief Financial Officer (CFO), to have responsibility for those arrangements.
What are some examples of inherent powers?
Inherent powers are government powers that are not explicitly written in a constitution but are historically recognized as essential for any sovereign state or branch of government to function.
Can a court recall its own order?
In a notable development, the Supreme Court of India ('Supreme Court') has held that a criminal court has no power to recall or review its own judgment.
How does section 151 affect individuals?
(a) Any person who advocates the willful and unlawful killing or injuring of a peace officer, with the specific intent to cause the willful and unlawful killing or injuring of a peace officer, and such advocacy is done at a time, place, and under circumstances in which the advocacy is likely to cause the imminent ...
What is a temporary injunction under Section 151 of the CPC?
A temporary injunction under Section 151 of the CPC is a court order to maintain the status quo during legal disputes, governed by specific requirements including a prima facie case, balance of convenience, and irreparable injury.
Can inherent power u sec 151 cpc be invoked only when alternate remedies do not exist?
Courts cannot exercise inherent powers to unsettle decided issues or bypass established procedures. Even an incorrect decree passed by a court of competent jurisdiction remains binding until set aside by an appellate or reviewing court. Section 151 CPC applies only in the absence of alternative remedies.
What is the meaning of 151 CPC?
The. provisions of section 151 of the Code contain the Legislative recognition of the powers of. every Civil Court to pass necessary orders to subserve the ends of justice and to prevent. the abuse of process of the Court in cases coming before it.
What are the three grounds for temporary injunction?
To obtain a temporary injunction, the applicant must prove three fundamental elements: likelihood of success on the merits, irreparable harm without the injunction, and that the balance of hardships favors them. These equitable grounds are meant to preserve the status quo while a lawsuit is actively being decided.
What is Section 151 of the CPC case law?
Section 151 CPC may adopt any procedure to do justice, unless the same is expressly prohibited. 14. The consolidation of suits has not been provided for under any of the provisions of the Code, unless there is a State amendment in this regard.
Who can invoke section 151 of the CPC?
✅ If a situation is not covered explicitly by CPC, the court can exercise its inherent power under Section 151 CPC to ensure justice. ✅ Family Courts, when acting as civil courts, can invoke Section 151 CPC to stay proceedings if a party deliberately flouts an order for interim maintenance.
What does topic no 151 mean?
IRS Tax Topic 151, officially known as "Your Appeal Rights," informs you that your tax refund is being reduced or withheld to pay off an outstanding debt, or that your return is under manual review. It notifies you that you have the right to appeal if you disagree with the IRS's adjustments.
What does section 151 of the Companies Act 2013 allow small shareholders to do?
Section 151. Appointment of director elected by small shareholders | Companies Act Integrated Ready Reckoner|Companies Act 2013|CAIRR. A listed company may have one director elected by such small shareholders in such manner and with such terms and conditions as may be prescribed.