Case laws on section 151 of cpc. 96/2001 on or about on 4.
Case laws on section 151 of cpc. P. Where the court proceeded to discuss the requirements of prima facie case, balance of convenience and irreparable injury, inference will be justified that the Court acted under order 39 rather than under section 151 CPC. Jul 11, 2023 · Holding so, it concluded that it is a fit case to exercise the power under Section 151 of CPC. -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. In India, pleadings refer to written statements of claims or defenses that are submitted by the parties to a civil case. That thereafter The above stated case is a landmark observation of the Apex Court on the ambit and scope of the inherent powers of the court under section 151 of the Code of Civil Procedure, 1908; wherein after considering all the facts and circumstances on record and also the leading cases, the Court observed that: Apr 2, 2024 · We analyze notable judicial precedents and case laws that have shaped the interpretation and application of Section 151 CPC over time. 2015. The Coca Cola Company & Ors. The present application has been filed under Order IX Rule 7 read with Order XXXVII Rule 2(3) read with Rule 3(7) and Section 151 CPC seeking recall of the order dated 31. Jun 17, 2021 · Therefore, the suit is very much maintainable and does not hit by Order II Rule 2 of the Civil Procedure Code. It merely recognises the discretionary power inherent in every court as a necessary corollary for rendering justice in It cannot be said that in such a case the exercise of the inherent power under Section 151, Civil Procedure Code is devoid of jurisdiction. Where inherent powers can be exercised 7. On the other hand Oct 24, 2023 · application under section 10 r/w section 151 cpc Most Respectfully Showeth: – That the present plaint for mandatory injunction has been filed on the same cause of action, as had Oct 15, 2018 · Section 5 of the Limitation Act was not applicable in view of the fact that the Order XXI Rule 106(3) of CPC was not attracted. Effect of Contravention I. Case Law: In Ram Chand v. Online Database: SCC OnLine Dec 13, 2012 · 11. K. C. 1732 of 1995 in the Court of City Civil Judge, Bangalore, was maintainable. Nov 15, 2011 · No. Insofar as the limitation is concerned, Section 14 of the Limitation Act save the limitation to file the present suit. Pralhad Singh And Others (1991) has settled the three main requirements for granting a temporary injunction, they are: Prima Facie Case Section 10 of the Code od Civil Procedure has no application and consequently, it was not open to the High Court to by-pass s 10 of the Code of Civil Procedure by invoking section 151 of the Code of Civil Procedure. Feb 5, 2015 · Editor’s Note: This paper aims to analyze the inherent powers of the court as enshrined under section 151 of the Civil Procedure Code. 02. By this revision petition filed under Section 115 read with Section 151 CPC, the petitioner seeks to challenge the order dated 30th September, 2009 whereby the learned Trial Court directed restoration of the divorce petition filed by the respondent on the application moved by him under Section 151 CPC. 2010, the Additional District Judge, Delhi (3) read with Section 151 of CPC, seeking leave of the court to file additional documents. would always be available to the court executing the decree, for in such a case, when the stay order is brought to its notice, it can always act under Section 151 and set aside steps taken between the time the stay order was passed and the time it was brought to its notice, if that is necessary in the Dec 23, 2021 · The aforementioned aim was highlighted in the case of M/S Gujarat Pottling Co. empowers a court to exercise jurisdiction in “any case which has been decided”---Terms suit, judgment, order or decree have not May 5, 2022 · "We are of opinion that Section 151, C. The learned Single Feb 6, 2015 · The Court summarized the scope of Section 151 of the CPC as follows: (a) Section 151 is not a substantive provision which confers any power or jurisdiction on courts. Appeal from order passed under Section 151 5. Please note that the usage of Section 151 should be guided by judicial precedents, prudence, and the specific circumstances of each case. 2017, passed by learned Civil Judge (Jr. 1. Oct 27, 2023 · Dear Client, Section 141 of CrPC states the procedure for when an order becomes law and the penalties for disobedience. There is no express provision in the code prohibiting the exercise of such a power and the Court can give appropriate directions at the instance of the aggrieved parties to the police authorities to render Jan 2, 2020 · The scope of exercising of Section 151 of CPC can be represented by some cases as follows: The court may recheck its orders and resolve errors; Issuance of provisional sanctions when the case is not included by order 39 or to place alongside an ‘ ex parte ’ order; Illegal orders or orders passed without jurisdiction can be set-aside; Jun 30, 2021 · Contents hide 1. Velusamy v. 120 of 2012, whereby an application Oct 4, 2020 · Whether a Court can take help of the police department in a case for injunction under Section 151 of CPC or not? When an injunction is to be granted and the court’s orders are breached, there is a debate whether you can file for contempt or you can enforce a specific remedy under Order 39 Rule 2A which also provides for civil prison and damages. It does so by examining the bare provision itself along with its implementation by the courts using case laws and then goes on to study the various limitations imposed upon it through judicial decisions. 6. the application can be filed under Order 9 Rule 4 or 9 C. Ram Naresh Lal, AIR 1959 Pat 121 (FB) and cases noted in Chitale's Civil Procedure Code, volume II, under note (2) to Order 9 (General Jul 26, 2010 · A procedural law is always subservient to the substantive law. Accordingly, it allowed the application of the respondent andRegular Civil Suit No. Mar 21, 2018 · The present petition, under Article 227 of the Constitution of India, is maintained by the petitioner/plaintiff (hereinafter to be called as "the plaintiff"), for quashing the order dated 19. 6. Every court is constituted for the purpose of doing justice according to law Feb 23, 2021 · WHAT IS THE SCOPE OF SECTION 151? Answer to this has been established by the courts in the case of K. 2011, 25. M. Nothing can be given by a procedural law what is not sought to be given by a substantive law and nothing can be taken away by the procedural law what is given by the substantive law”. 159-180. The order to stay proceedings in the subsequent suit can be made at any stage. A No. If the ordinary rules of procedure result in injustice in any case and there is no other remedy, it is the duty of the court to override those rules for achieving the ends of justice. Joseph. Union of India - Section Section 151 in The Code of Civil Procedure, 1908 151. Let notice of the application be issued to the petitioner/nonapplicant and his counsel on filing of PF as well as through Email as per law. The proper circumstance to recall a witness An application under Section 10 read with 151 CPC was filed in civil suit No. 2018 despite objection on Sep 4, 2023 · However, it’s crucial to understand that while Section 151 provides a broad discretion, it cannot be used to contravene or override explicit provisions in the CPC or any other law. A. Ltd. Jun 2, 2006 · Even assuming that Section 144 CPC does not strictly apply to the facts of a case, there being no reversal or variation of the decree, the Court can certainly invoke its inherent powers under Section 151 CPC to do substantial justice between the parties and must step in and exercise that power to prevent miscarriage of justice. It entails the provision regarding the power of the high court to overcome the difficulties arising out of the procedural rules. 05. 11. On 18. 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. & Ors v. 2023, passed by the Court below, whereby an application under Order 39 Rule 1 and 2 CPC was partly allowed and the application filed under Section 151 Order 39 Rule 1 and 2 CPC to be an appealable order and that revision petition does not lie to challenge the same. ” 4. Applicability of Section 151 of CPC: Sep 19, 2023 · COURT TO SCRUTINISE WHETHER THE APPLICATION FOR INJUNCTION IS UNDER ORDER 39 OR SECTION 151 OF THE CODE. Ram Dulari vs. Therefore, the suit is not barred by any law. C to grant police aid directing the Station House Officer, Chityal Policeof power under Section 94 (e) or Section 151 of CPC, the facts alleged or pleaded, an order for police protection cannot be passed in a routine manner. Section 152 of CPC. 2018 in the sum of Rs. 2020 (hereinafter referred to as the Mar 2, 2024 · Barelaw, an online platform dedicated to delivering comprehensive legal knowledge, proudly presents its exclusive category of case briefs. The Court exercising jurisdiction under Section 47 or under Order XXI of CPC, must not issue notice on an application of third-party claiming rights in a mechanical manner. 1442 of 1995 was taken on record to proceed further. FOR WAIVING OFF/ CONDONING THE PERIOD OF SIX MONTHS FOR MOVING THE SECOND MOTION UNDER SECTION 13-B(2) OF THE HINDU MARRIAGE ACT AS AMENDED UP TO DATE. Mar 16, 2022 · The power granted by section 151 of the Civil Procedure Code can be used to prevent abuse of the court’s process, which can be committed by either the court or a party. Furthermore, we explore the diverse scenarios in which courts may exercise their inherent powers under Section 151 CPC, including matters not expressly provided for in the CPC, procedural irregularities, and Feb 18, 2024 · Case Law Examples: PLD 1995 Kar. 4/Developer and Section 151 of the CPC, has been erroneously invoked, learned counsel for the caveator/respondent No. 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. 1991 and to give an opportunity to contest the suit. Jun 27, 2021 · An application under Section 151 CPC was filed after the above order was passed for seeking a waiver of a mandatory period of 6 months. A Division Bench of this Court in Mst. ), Court No. The learned trial court rightly concluded that in exercise of powers under section 152, CPC, the court can corrsection 151/152, CPC. Process be given dasti. 1 and 2 for further The purpose of the law is to secure the ends of justice. 375 of 2013, Civil Suit No. Behram Khan" (2006 SCMR 1262), this Court, while maintaining the impugned judgment whereby the High Court had directed for consolidation of both the suits by setting Revision--- Term “case decided”---Scope---Power of revision is conferred upon High Court and the same is required to be exercised within the ambit of section 115, C. 1732 of 1995. Bibliography: Book: Sir Dinshaw Fardunji Mulla, THE CODE OF CIVIL PROCEDURE, 18th ed. Dheeraj Kashyap Page 19 of 87 (RAJ KUMAR CHAUHAN) District Judge (Commercial Court) /SE/Saket/ND/19. In "Muhammad Yagoob v. File be consigned to record room after necessary compliance. 5,000,000/-, praying that the auction proceedings be suspended. `2016, pp. P. Palanisamy. 8. However, the stated application was rejected on the ground that it was not in accordance with the law. (1995). Saving of inherent powers of Court . Mar 26, 2002 · Section 151 read with Section 94 CPC for grant of assistance of the police for implementation of Order dated 30. By order dated 25. Learned Civil Judge (Senior DiviRules 1 and 2 CPC for grant of ad-interim injunction against the petitioners. or under Section 151 C. By the said application, the respondent hereinrespondent under Section 10 read with Section 151 CPC seeking stay of Civil Suit No. The case of Dalpat Kumar And Another v. That when the Hon’ble Court ordered that evidence in one case may be read in evidence in Sep 5, 2023 · Section 151 of the CPC is primarily aimed at achieving justice and rectifying wrongful actions in cases of abuse of the court’s processes, fraud, or misrepresentation by a party, or in situations where there is a lack of procedural rules to address specific circumstances in a case. B. 2. About: Nov 18, 2022 · Section 151 cannot be invoked as an alternative to filing fresh suits, appeals, revisions, or reviews. File taken up today on application under Section 151 CPC seeking appropriate directions filed on behalf of the respondent/applicant. 1 By order dated 13. These laws have been referred to and examined as and when required during the trailing conversation. (a) Section 151 CPC is not a substantive provision which creates or confers any power or jurisdiction on courts. 282: Here, the court allowed withdrawal of a suit due to a bona fide mistake in naming the defendants. Udai Bhan Pratap Singh, AIR 1954 All. When an order has been made absolute in accordance with sections 136 or 138, the Magistrate is required to notify the person against whom the order was made of the same and to further require him to perform the act directed by the order within a time to be fixed in the notice Sep 5, 2024 · What is Section 151 of CPC? About: This section delas with the inherent power of the High Court. What culls out Oct 28, 2013 · Vide separate order of even date the application under Order 7 Rule 11 read with Section 151 CPC moved on behalf of the defendants is allowed. The explanation provided to Order 1 Rule 8 of the Code reads as, “Explanation. 5. Provisions of Section 148 to 153B of CPC. Jul 27, 2021 · COURT TO SCRUTINISE WHETHER THE APPLICATION FOR INJUNCTION IS UNDER ORDER 39 OR SECTION 151 OF THE CODE. The order The first application was filed under section 151 of the Code of Civil Procedure (`Code' for short) with a prayer to reopen the evidence for the purpose of further cross-examination of Plaintiff (PW1) and the attesting witness Eswaramoorthy (PW2). 96/2001 on or about on 4. Palaanisamy, where the following provisions was laid down by the court: (a) Section 151 is not a substantive provision which confers any power or jurisdiction on courts. 4 has not been able to convince this Court by drawing our attention to any other corresponding provision under the Act, 2019 . 3 under Section 151 of Civil Procedure Code, 1908 (funder Order 18 Rule 17A read with Section 151 CPC to recall the order dated 17. 13. Kanhayalal (1966), the Supreme Court held that the inherent powers under Section 151 of CPC can also be exercised to prevent the abuse of the process of court. IA No. court in exercise of its inherent power under Section 151 CPC, for securing ends of justice and preventing abuse of the process of the court. Introduction 2. 7268/2020 (Under Order IX Rule 7 read with Order XXXVII Rule 2(3) read with Rule 3(7) and Section 151 CPC by the Defendants) 1. 5. Most Respectfully Showeth: – That the petitioners have filed a petition under section 13-B(1) of the Hindu Marriage Act as amended uptodate. This section is meticulously crafted to offer insightful analyses of landmark judgments, providing a valuable resource for legal professionals, students, and anyone interested in understanding the intricacies of law. 07. Sep 19, 2011 · The arguments were heard finally on 12. N. Reply was filed by the petitioner. Meaning of Inherant power 3. 06. 2001 for judgement. The auction was nevertheless conducted on 26. It is stated that without admitting the contents of the plaint in the above suit and without prejudice to the rights and contentions of the applicant, the present application under Order VII Rule 11 read with Section 151 CPC is being preferred as the suit of the plaintiff is liable to be rejected on the sole ground that the plaintiff does not Dec 26, 2020 · Alongside the aforesaid rule, Section 151 of the Civil Procedure Code and Sections 138 and 154 of the Indian Evidence Act are related to the recalling and re-examination of the witness by the court. — For the From the above discussion, the principles emerged for dealing with the application for recall of witness are that though the power under Order 18 Rule 17 CPC readwith Section 151 CPC and Section 138 readwith Section 154 of the Indian Evidence Act is wide powers vested with the Court but it is to be exercised judicially and also with extreme Feb 22, 2013 · . Section 151 of the Code of Civil Procedure, 1908 (in short “CPC”) for placing on record certain documents and the other under Order XVIII Rule 17 read with Section 151 of CPC for seeking permission to recall PW-1 for proving certain documents by leading his additional evidence. May 3, 2018 · The scope of Section 151 CPC has been explained by the Supreme Court in the case K. 2019, the learned Commercial Court dismissed the said application seeking leave of the court to file additional documents, filed by the appellant. Where inherent power cannot be exercised Introduction Section 151 is a saving provision and gives legislative perception of an age old and well […] contesting sides that trial in two cases be conducted commonly and evidence led in either case be read in both these cases. The settled legal position under Order XVIII Rule 17 read with Section 151 CPC, being thus very clear, the impugned orders passed by the trial court as affirmed by the High Court to recall a witness at the instance of the respondent "for further elaboration on the left out points", is wholly impermissible in law. Requirements for Temporary Injunctions. Section 151 of the CPC was filed on behalf of the respondents along with Banker’s Cheque No. C. Section 151 CPC - Code of Civil Procedure - Saving of inherent powers of Court. Object of Section 151 4. Jun 22, 2021 · The Court may further, at any stage, in appropriate cases during the pendency of suit, using powers under Section 151 CPC, demand security to ensure satisfaction of any decree. 2001, the respondents filed I. Oct 31, 2023 · The provisions contained in Section 10 are mandatory and no discretion is left with the court. 1995 CLC 1939: This case clarified that Section 151 can be used to challenge orders passed without jurisdiction or with material irregularity. The laws are not ends in themselves but are only a means for securing justice. Feb 28, 2023 · An Application Under Order 6 Rule 17 Read with Section 151 CPC is a legal document that is filed in a civil court in India to request the court’s permission to amend or modify a pleading that has already been filed in a case. 372 of 2014 under Section 151 C. The directions or observations of this Hon’ble Court as reproduced above operates prospectively and not retrospectively. Jun 27, 2023 · Example 2: Preventing Abuse: If a party is intentionally causing delays through frivolous applications, the court can use Section 151 to dismiss such applications to prevent abuse. When there is a case for the application of Section 10 of CPC, recourse to the inherent powers under Section 151 of CPC is not justified. It merely recognizes the discretionary power of every court for rendering justice in accordance with law, to do what is `right’ and undo what is `wrong’, that is, to do all 9. , in CMA No. By virtue of Section 141 C. 4, Hamirpur, H. This power is to be exercised by the court when no explicit provision is provided. It merely recognizes the discretionary power of every In the application under Order 39 Rule 1 and 2 CPC r/w section 151 of the Trademark Act the plaintiff had made the prayer : "(i) restraining the defendants, its directors, agents distributors, partners or Case No. ---Language used in section 115, C. vs. On 20-6-2003, the respondent herein filed an application under Section 10 read with Section 151 CPC, in the said Suit No. Mar 11, 2024 · This section does not confer any substantive rights on parties but is meant to get over the difficulties arising from rules of procedure. 217/2009 was filed under Order 18 Rule 17 of the Code for recalling PWs. In essence, Section 151, with its emphasis on the inherent powers of the court, complements other provisions of the CPC and other procedural laws, ensuring that Dec 1, 2015 · section 152 read with section 151, CPC. 2011 was feed for hearing. The object of the code is to “facilitate justice and further its ends [2] ”. Invoking powers under Section 151 of CPC in the present case is neither proper nor legal. In these circumstances, the Executing Court ought to have exercised inherent powers under section 151 of CPC and ought to have condoned the delay and consequently ought to have set aside the said order passed by the Jun 1, 2021 · Even assuming for a moment that an incorrect provision of law has been mentioned by the respondent No. Oct 5, 2021 · This was because the petitioner, in this case, had resorted to these two provisions while laying down his contentions. 98 (DB) held that we find that the late Chief Court of Avadh in -'Bajrang Bahadur v. The case which concerned amendments brought in the Insolvency and the Bankruptcy Code, 2016 was being heard by Justice K. It seems to us unnecessary to examine some decisions in which it has been held that an appeal lies under Order 43 Rule 1(c) from an order rejecting for default an application udder Rule 9, (See Doma Chandhary V. Limitations 6. The plaint is rejected. ” It was also observed that, “Section 151 of the CPC provides for Civil Courts to invoke their inherent jurisdiction and utilize the same to meet the ends of justice or to prevent abuse of process. 2004 on the ground that the defendants in all civil suits are common, subject matter is same and evidence of the defendant (petitioner) will be identical in all the four suits and in case all the suits are tried separately then there is Mar 3, 2023 · APPLICATION UNDER SECTION 151 C. There is an abuse of process by the court itself when a court follows a procedure that may result in the miscarriage of justice. 12. Div. iii Oct 30, 2020 · Section 151 of the Civil Procedure Code deals with the inherent powers of the court. On going through the order sheet, it is found that on 19. On the other hand Aug 23, 2022 · Code of Civil Procedure, 1908 ; Section 151 - Section 151 of the CPC can only be applicable if there is no alternate remedy available in accordance with the existing provisions of law - It cannot Jul 11, 2014 · The position of law which emerges from the principles laid down by the decisions referred to above is this; Section 151 of the Civil Procedure Code confers power to make such orders as may be necessary for the ends of justice or to prevent abuse of process of court. 2001 The case was posted on 20. 261/2020 Yash Tekwani. 184623 dated 24. ohb xcdrk zmk lkogyqw wlzma iuzuo xupadzv nxap mtxzn vixwv