Judicial Dictionary - I
Judicial Dictionary
Legislative Dictionary
Inherent Power
Category | I |
---|---|
Title | Inherent Power |
Details |
Inherent power is specific capacity / power of defined authority to deal with particular issues to ensure its expected level. In terms of judicial system, some courts exercise inherent power (special capacity) to prevent injustice and to ensure justice. But this power can not be used arbitrarily and whimsically, it should follow juridical prudence, i.e. equity, justice and good conscience. Nothing in the Code of Civil Procedure 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. [Section 151 of the Code of Civil Procedure, 1908 (v of 1908)] As a general rule the powers of the Court under section 151 are not to be invoked where specific provision in the Code covers a particular case or there is alternative remedy. But the Civil Court has ample reserve of its inherent powers to do what meet the ends of justice when fraud is committed on the Court itself. [Mrs. Shahrbanoo and another vs. Mrs. Lailun Nahar Ershad &others, 13 BLD (HCD) 1] |
Created On | April 23, 2011, 9:53 AM |
Hits | 930 |