What Are The Inherit Power of Court?

what are the inherit power of court?
Inherent powers of a court refer to the powers that are not explicitly provided by
statute but are necessary for the court to function effectively and to ensure justice
is served. These powers are derived from the very nature of the court and are
inherent in its authority to administer justice. The specific inherent powers may
vary depending on the jurisdiction and legal system, but some common inherent
powers of a court include:
Contempt of Court: Courts have the inherent power to punish individuals for
contempt of court, such as willful disobedience of court orders, disrespecting the
court, or obstructing the administration of justice.
Case Management: Courts have inherent powers to manage their cases and
control the proceedings to ensure they are conducted efficiently and fairly.
Protective Orders: Courts can issue protective orders to prevent harassment,
intimidation, or disclosure of sensitive information during legal proceedings.
Amendment of Pleadings: Courts can allow parties to amend their pleadings to
correct errors or omissions, as long as it does not prejudice the other party.
Stay of Proceedings: Courts may temporarily suspend or "stay" proceedings for
various reasons, such as awaiting the outcome of related cases or facilitating
settlement negotiations.
Appointment of Receivers: Courts can appoint receivers to manage and preserve
property or assets involved in a dispute pending resolution.
Injunctions: Courts can issue injunctions to prevent a party from taking certain
actions that might cause harm or injustice during the course of litigation.
Power to Regulate Proceedings: Courts have the inherent authority to regulate
the conduct of parties and their representatives during hearings and trials.
Dismissal or Striking Out of Proceedings: Courts can dismiss or strike out a case
if it is frivolous, vexatious, or an abuse of the legal process.
Res Judicata and Review: Courts have inherent powers to apply the principles of
res judicata, which prevent the same matter from being re-litigated, and to review
and correct their own judgments and orders under certain circumstances.
It's important to note that while courts have inherent powers, these powers are not
unlimited, and they must be exercised judiciously and in accordance with
established legal principles. The inherent powers are meant to be used to serve the
interests of justice and ensure a fair and efficient judicial process. Additionally, the
specific inherent powers available to a court may be subject to the laws and rules
of the jurisdiction in which it operates.
Q: either court can reject the plaint due to deficiency of court fee and what are
the power to makeup defeciency?
under the Civil Procedure Code of Pakistan, if there is a deficiency in the court fee
paid by the plaintiff while filing a plaint, the court may reject the plaint. The court
typically provides an opportunity to the plaintiff to rectify the deficiency. The
process for making up the deficiency may involve the following:
Payment of additional court fee: The court may give the plaintiff a chance to pay
the additional amount to cover the deficiency in the court fee. Once the full court
fee is paid, the court can proceed with the acceptance of the plaint.
Extension of time: The court may grant an extension of time to the plaintiff to pay
the deficient court fee if there are valid reasons for the delay.
Waiver or adjustment: In certain circumstances, the court may have the
discretion to waive or adjust the deficiency, especially if there are genuine reasons
for the plaintiff's inability to pay the full fee.
Amendment of plaint: In some cases, the plaintiff may be allowed to amend the
plaint to reduce the court fee deficiency or correct any errors in the initial filing.
It's essential to consult the specific provisions of the Civil Procedure Code of
Pakistan and any relevant amendments or rules applicable at the time of the case to
ensure accurate and up-to-date information. For legal matters, it's best to seek
advice from a qualified legal professional familiar with the current laws and
regulations in Pakistan.
Q: what is the law for the amendment of judgment decree and order? in civil
procedure code of pakistan
In Pakistan, the law governing the amendment of judgment, decree, or order in
civil proceedings is primarily outlined in the Civil Procedure Code, 1908. The
relevant provisions related to the amendment are primarily covered under Order 47
of the Civil Procedure Code. Order 47 deals with "Review" and "Amendment" of
judgments, decrees, and orders.
Under Order 47 of the Civil Procedure Code, there are two distinct procedures
available:
Review: The procedure for seeking a review is governed by Rule 1 of Order 47. It
allows a party to apply for a review of a judgment, decree, or order on specific
grounds, which are:
a. Discovery of new and important matter or evidence which, after the exercise of
due diligence, was not within the knowledge of the applicant or could not be
produced by them at the time when the decree was passed or the order was made,
or
b. On account of some mistake or error apparent on the face of the record, or
c. For any other sufficient reason.
The review application must be filed within 30 days from the date of the decree or
order that is sought to be reviewed, and it is generally heard by the same court that
passed the original decree or order.
Amendment: The procedure for seeking an amendment is governed by Rule 2 of
Order 47. This rule applies to judgments, decrees, and orders which contain any
error or omission or if they were passed in a manner not authorized by law or have
any defect that requires correction.
The application for amendment should be made to the court that passed the original
judgment, decree, or order, and it must be made within the same time frame as that
prescribed for filing an appeal from the decree or order.
It's essential to note that the power to review or amend a judgment, decree, or order
is not an unrestricted right and is subject to certain limitations and conditions as
prescribed under Order 47. The courts exercise this power cautiously and are
generally reluctant to interfere with their own judgments unless there are strong
and compelling reasons.

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