What are the situations when section 151 is applied?

What are the situations when section 151 is applied?

(f) The power under section 151 will have to be used with care, only where it is absolutely necessary, when there is no provision in the Code governing the matter or when the bona fides of the applicant cannot be doubted or when such exercise is to meet the ends of justice and to prevent abuse of process of court.

What is the difference between 151 CPC & 561 Cr PC?

🔮151 deals with the inherent powers of the court in *cpc*. While 561-A deals with the inherent powers of the court in *crpc*. 🔮Sec 151deals with the inherent powers of *all the courts*, while 561-A deals with the inherent powers of *High court* only.

How many sections are there in CPC?

The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.

Can FIR be quashed before chargesheet?

The Supreme Court held that while exercising the power under section 482 of the CRPC, the court can quash the FIR even if the charge sheet has been filed, as the power under section 482 is to be exercised to prevent the abuse of process and miscarriage of justice.

What are the powers of High Court?

High Courts have the power of judicial review. They have the power to declare any law or ordinance unconstitutional if it is found to be against the Indian Constitution. A High Court alone can certify the cases fit for appeal before the Supreme Court.

What is the difference between first appeal and second appeal?

A) First Appeal lies to a superior court from a decree passed by a court exercising original jurisdiction. Whereas, second appeal lies only in the High Court from a decree passed by a court exercising appellate jurisdiction.

What is the scope of Section 151 CPC?

The scope of Section 151 CPC has been explained by the Supreme Court in the case K.K. Velusamy v. N. Palanisamy as follow: (a) Section 151 CPC is not a substantive provision which creates or confers any power or jurisdiction on courts.

What is the power of the c.p.c.under s.151?

The court has an inherent power under S. 151, C.P.C.: (a) To consolidate suits and appeals including appeals to the Supreme Court; (b) To postpone the hearing of suits pending the decision of a selected action or where some of the issues are common in another pending suit;

Can a CPC application be filed under 151 CPC?

A application can be filed under 151 cpc.as the order is obtained by fraud no limitation apply as the application is to be filed when such fraud come to notice.of the litigant. The judiciary in India also possesses inherent power, specially under Section 151 C.P.C., to recall its judgment or order if it is obtained by Fraud on Court.

Can a court be invoked under Section 151 of Civil Procedure Code?

The inherent jurisdiction of the court under Section- 151 of the Civil Procedure Code can be invoked subject to the rule that if the Code contains specific provisions, which would meet the necessities of the case, such provisions should be followed, instead of invoking the inherent jurisdiction of the court. Bibhu Ranjan Das Vs.