Inherent Powers of the

Civil Courts

Presented To : Presented By :
Dr. Manoj Sharma Mohini
(Asst. Professor of Law) 18039 (Group no.7)
 Introduction
◈ Meaning of ‘inherent’ is existing in something as a
permanent, absolute.

◈ Inherent powers of the Court are a crucial feature of our

legal structure.

◈ Attached to person or office as a Right of Privilege

◈ State of Haryana V. Bhajan Lal

 CPC Provisions
The law concerning to inherent powers of Court is mentioned in
Section 148 to Section 153A of the Civil Procedure Code.

◈ Section 148 and Section 149 deals with grant or enlargement of time

 
◈ Section 150 deals with the transfer of business
 
◈ Section 151 protects the inherent powers of the courts

◈ Section 152, 153 and Section 153A deals with amendments in judgments,

decrees or orders or in separate proceedings.
 Nature and Scope of Section 151
Emperor v. Khwaja K.K. Velusamy v. N.
Nazir Ahmed Palaanisamy

◈ Section 151 is not a substantive provision which confers any

power or jurisdiction on courts. 

◈ The provisions of the Code are not exhaustive.

◈ Raj Bahadur Ras Raja v. Seth Hiralal

Abuse of process of the court
◈ Abuse of the powers of the Court essentially means
unfairness to a party

◈ Based on the doctrine of actus curiae neminem gravabit

◈ The inherent power must be practised distinctly in

exceptional conditions for which the Code, sets out no
procedure.

◈ Anup Kumar v. State

When can an inherent power be exercised
There are two major principles the court must take
into consideration while exercising its inherent
powers

◈ Powers are to be exercised only for the ends of justice.

◈ It should be to prevent abuse of process of the court.

 Limitations
◈ 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

◈ Courts can neither exercise jurisdiction nor entrust in them by

law
 Conclusion

Inherent Powers are the powers of the court that help

shorten the usually lengthy litigation process and also
discourage multiplicity of proceedings which helps
save time for not just the parties but the already
overburdened Court.
Thank You !