AI Overview...
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Inherent Jurisdiction of the Court to Appoint a Receiver
The courts possess inherent jurisdiction under Section 151 CPC to appoint a receiver, especially in cases where specific statutory provisions (e.g., Section 51 CPC) do not explicitly provide for such appointment. This power is recognized as part of the court’s inherent authority to ensure justice and proper administration of proceedings SHIB SANKAR RUDRA VS JYOTIRMOY RUDRA - Calcutta, Fatima Sultana Begum VS J. Eashwarprasad - Andhra Pradesh, KAMBHAMPATI SAVAMMA. VS G. RADHAKRISHNA MOORTHY. - Andhra Pradesh, Moidu VS Parthasarathy - Kerala. -
Scope and Limitations of Inherent Powers
The inherent powers under Section 151 CPC enable courts to rectify irregularities, prevent abuse of process, and enforce orders, including appointing receivers, granting injunctions, or requisitioning police aid. However, these powers are subject to jurisdictional limits and must be exercised judiciously to avoid overreach Fatima Sultana Begum VS J. Eashwarprasad - Andhra Pradesh, KAMBHAMPATI SAVAMMA. VS G. RADHAKRISHNA MOORTHY. - Andhra Pradesh, Moidu VS Parthasarathy - Kerala, KULBIR SINGH VS STATE OF DELHI - Delhi. -
Application in Specific Contexts
Courts have exercised their inherent jurisdiction in diverse scenarios such as appointing receivers for property management, granting temporary injunctions, and requisitioning police aid for enforcement. For example, in probate matters, courts have used Section 151 CPC to grant injunctions or remove property locks, emphasizing that their jurisdiction extends to preserving property and ensuring justice KULBIR SINGH VS STATE OF DELHI - Delhi, Fauzia Sultana VS State - Delhi. -
Judicial Precedents and Principles
Judicial decisions affirm that Section 151 CPC is a vital tool enabling courts to act beyond the explicit provisions of the CPC when necessary for the ends of justice. The power is not dependent solely on the existence of specific statutory provisions but is an inherent attribute of the court’s authority SHIB SANKAR RUDRA VS JYOTIRMOY RUDRA - Calcutta, Khaja Safiullah VS Mettu Baga Reddy - Andhra Pradesh, Moidu VS Parthasarathy - Kerala.
Analysis and Conclusion
Courts have a well-established inherent jurisdiction under Section 151 CPC to appoint receivers and perform other ancillary functions essential for the administration of justice. This power is fundamental, flexible, and aimed at preventing miscarriage of justice, especially in cases where statutory provisions do not explicitly cover a particular situation. The exercise of this jurisdiction must be within judicial discretion, ensuring actions are just, necessary, and appropriate to the circumstances SHIB SANKAR RUDRA VS JYOTIRMOY RUDRA - Calcutta, Fatima Sultana Begum VS J. Eashwarprasad - Andhra Pradesh, KULBIR SINGH VS STATE OF DELHI - Delhi.
Search Results for "The Court has Inherent Jurisdiction under Section 151cpc to Appoint a Receiver"
2003 0 Supreme(Cal) 357 • India - Calcutta
ARUN KUMAR MITRA
Whether the Court has jurisdiction to appoint a Receiver for the purpose of execution on an application under Section 151 CPC when ... to appoint a Receiver under Section 151 CPC when there was a specific provision under Section 51 CPC for the appointment of a Receiver ... The Court also held that the inherent jurisdiction of the Court under #H....
1982 0 Supreme(Bom) 251 • India - Bombay
SHARAD MANOHAR
AND CONVENIENT - WASTE - SECTION 151 CPC - INHERENT POWER OF THE COURT - JURISDICTION OF CIVIL COURT - SECTION 177 OF THE MAHARASHTRA ... The court further held that the trial court had jurisdiction to entertain the suit and that the provisions of section 177 of the ... Whether it was just and convenient to appoint a Receiver in respect of the flat? 2. ... He, therefore, contends....
1976 0 Supreme(AP) 119 • India - Andhra Pradesh
B.P.JEEVAN REDDY, K.RAMACHANDRA RAO
CIVIL PROCEDURE CODE - ORDER XXI, RULE 90 - SECTION 47 - SECTION 151 - ADMINISTRATION SUIT - SALE OF PROPERTY - JURISDICTION OF ... However, the court held that the petition was maintainable under Section 151 CPC, which gives the court inherent power to rectify ... inherent power to rectify any illegality or irregularity in its own proceedings. ... Such a power is inherent in every Court and is recognised by #HL_ST....
1984 0 Supreme(AP) 337 • India - Andhra Pradesh
K.RAMASWAMY
it is eminently a fit case to exercise inherent powers ... CRP Allowed ... appropriate orders It is true that the petitioner invoked Sec 151 CPC Wrong quotation of a provision of law does not take away the jurisdiction ... It is nothing but an abuse of process of the Court The court does not become FUNTUS OFFICIO after the dismissal of the suit Application ... The lower Court has exercised its discretion refusing to order restitution. Section 144 of the Code of Civil procedure does not....
1993 0 Supreme(Del) 505 • India - Delhi
MOHD.SHAMIM
CIVIL PROCEDURE CODE 1908 - Order 39 Rule 1 & 2 - temporary injunction- grant of-Jurisdiction -Probate Court can grant injunction ... while exercising its inherent powers. ... ... INDIAN SUCCESSION ACT - Section 281 - verification of petition for ... Endlaw, on the other hand, has contended that this Court even in a probate matter is fully competent under its inherent jurisdiction to grant an injunction for the preservation of the disputed property. ... has got the c....
1990 0 Supreme(Ker) 487 • India - Kerala
K.P.BALANARAYANA MARAR
Finding of the Court: The executing court lawfully exercised its jurisdiction in granting police aid to the amin for ... ORDER - Police Aid for Delivery of Possession - S.151 CPC - The court has inherent power to requisition the police for necessary ... Ratio Decidendi: The court has inherent power under S.151 CPC to requisition police aid for necessary help to enforce orders ... It was further held that the exercise of inherent power under S.151 ....
1997 0 Supreme(Cal) 183 • India - Calcutta
SUDHENDU NATH MALLICK
OF DECREE - JURISDICTION OF COURT - INHERENT POWERS OF COURT - ADJUDICATION OF RIGHT, TITLE AND INTEREST - SCOPE OF ENQUIRY. ... The Court held that the Trial Court had the jurisdiction to hear the Misc. Case under Section 151 CPC as the O.P. ... Whether the Trial Court had the jurisdiction to hear the Misc. Case under Section 151 CPC? 2. Whether the Misc. ... Under Section 151 t....
2006 0 Supreme(AP) 1066 • India - Andhra Pradesh
V.V.S.RAO
- If Sec.94 is read with Sec.151 of CPC, which saves inherent power of Court to make order for ends of justice or to prevent abuse ... of Court to exercise its inherent powers or supplemental powers u/Sec.94 does not depend on question whether a decree is executable ... jurisdiction and that power to stay judgment either under Or.41, R.5 or u/Sec.151 CPC can be exercised only when a decree is ... Section 151 of the CPC saves the inherent power of every common law ....
2019 0 Supreme(Del) 586 • India - Delhi
SANJEEV NARULA
Probate Petition - Injunction - Order 39 Rule 1&2 r/w Section 151 CPC - [CPC] - [Order 39 Rule 1, Order 39 Rule 2, Section 151 ... Issues: The issues involved the authenticity of the will, the petitioner's claim to the properties, and the jurisdiction of ... The court also highlighted the provisions of the Indian Succession Act and the restrictions under section 269(2) for certain categories ... No doubt this Court in Kulbir Singh v State, (1993) 52 DLT 57 has held that the ....
2022 0 Supreme(Del) 1787 • India - Delhi
V. KAMESWAR RAO
Section 151 CPC - Property Lock Removal - Indian Succession Act, 1925 - Sections 266, 268, 269 - The court dismissed the application ... Finding of the Court: The court found that the application seeking removal of the lock was not maintainable in probate ... Ratio Decidendi: The court held that the probate court can only determine the genuineness and due execution of the Will and ... The inherent power has but been conferred upon the Co....
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