What is the meaning of Section 151 CPC?
Saving of inherent powers of Court
Section 151. Saving of inherent powers of Court. Previous Next. 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.
What is CPC in Pakistan?
The Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in Pakistan. 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 the court exercise the inherent power u/s 151 to get over the bar of limitation?
If there is a clear provision in the C. P. C. itself and a particular case falls fairly and squarely within such provision then it will not be possible to invoke the inherent powers under Section 151 merely to get over the bar of limitation.
What are the provisions of CPC 1908?
Language
| Act ID: | 190805 |
|---|---|
| Act Year: | 1908 |
| Short Title: | The Code of Civil Procedure, 1908 |
| Long Title: | An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature. |
| Ministry: | Ministry of Law and Justice |
What is the section 151?
—Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.
When may a civil court invoke its inherent power under section 151 to set aside an ex parte decree or a dismissal order?
Section 151 of the CPC provides for the exercise of inherent powers to check the infringement of the process of the court. Abuse of the powers of the court which happens in unfairness to party needs to get relief on the ground that the act of a court shall not prejudice anyone.
How many sections does CPC 1908 have?
158 sections
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.
Who drafted CPC 1908?
Sir Arthur Hobhouse
Sir Arthur Hobhouse (later Lord Hobhouse), who was the then Law Member, made substantial contribution to the draft Bill. With certain modifications, the Bill was enacted as the Code of Civil Procedure, 1877. 4.
What is the limitation for filing suit for recovery of money?
within 3 years
Limitation: The suit can be filed within 3 years from the date of cause of action having arisen. The said period of limitation cannot be condoned.
How many sections and orders are in the Code of Civil Procedure, 1908?
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.
Is Section 151 A criminal offence?
Description. A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
What are the inherent powers of the Court?
The inherent power of the court is that which is inherent in a court by the very fact of its being empowered to exercise any jurisdiction at all so that it comes within the express sense of the law of within the consequences that may be gathered from it. Scope: the Code of Civil Procedure is not exhaustive.