Part-VI In the preceding parts of this series, we have examined the scope and application of the inherent powers vested in civil courts and the circumstances in which such powers may be exercised to advance the cause of justice. In this final part, we turn to an issue that frequently arises at the stage of
Part-IV The power of a court to secure the ends of justice is not confined to the expressly enumerated provisions of procedural law. As discussed in the earlier parts of this series, the law recognises certain inherent powers that enable courts to respond to situations where the ordinary procedural framework may not provide an adequate
Part-V As the discussion in the previous part demonstrated, the inherent powers of civil courts have a wide and significant practical role in ensuring that the administration of justice is not frustrated by procedural limitations. However, in attempting to cover the various situations in which these powers may be invoked, some important and practically recurring instances
Part-III The preceding part examined situations where recourse to Section 151 is neither permissible nor desirable, underscoring the principle that inherent powers cannot be employed to override or circumvent the express provisions of the Code. However, the converse is equally significant. There remain numerous situations in which the Code is silent, yet judicial intervention is
Part-II Having examined the conceptual foundations and the legal principles governing the exercise of inherent powers under Section 151 in the preceding part, it is now appropriate to turn to the arena where these principles are truly tested – the everyday functioning of civil courts. The exercise of inherent jurisdiction is seldom prompted by abstract