Inherent Powers of Court CPC-VI-151+J.ment Inherent Powers of Court Judgment & Decree

Inherent Powers of Court CPC-VI-151+J.ment Inherent Powers of Court [S. 151CPC]:- Saving of inherent powers of Court–“Nothing in this code shall be deemed to limit or otherwise affect the inherent powers 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 .”

Inherent Power of Court-II (Purport and effects) Gives unlimited /unfettered power to Court to pass “any” order for ends of justice; Codified provisions do not restrict any such order passed in exercising the “inherent power”; Some courts hold that inherent power applies even to provisions of other acts – but no definite concurrence;

Decree-I [S.2(2)]; Formal expression of adjudication; Conclusively determines rights of parties regarding matters in controversy in suit; Rejection of a plaint included in decree;

CPC-VI-151+J.ment Decree-II Preliminary decree - When further proceedings have to be taken before complete disposal of suit; Final decree - when adjudication completely disposes of the suit; [S.2(2) Expln.];

Contents of decree (O. XX, R. 6) To agree with judgment; Contains:- Names and descriptions of parties; Registered addresses of parties; Particulars of claim;

Contents of decree (Contd.) Clear specifications of relief granted / other determination; Amount of costs incurred ; by whom payable, wherefrom & in what proportion;

Contents of decree (Contd.) Court may direct setting off the costs; Decree drawn up within 15 days of pronouncement of judgment (R-6 A);

Judgement Judgement – “The statement given by the judge on the grounds of a decree or order” [S.2 (9)];

Judgement (O. XX) Pronouncement (R.1):- CPC-VI-151+J.ment Judgement (O. XX) Pronouncement (R.1):- Immediately after completion of hearing or on some future day with notice; Ordinarily within 30 days; In extraordinary circumstances- not beyond 60 days, with notice to both sides;

The Requirement Objective of the Judgement (O.XX C.P.C) :- Being closest to “ideal”;

The Handicaps No definition available to guide contents & methods; Inexperience; Lack of acquaintance with specialized laws; Pressure of work;

The Basics-I Parameters / Broad Framework:- Statement of Pleadings & Conflicting Contentions; Issues / Points for decision involved; Overview of Evidence Led;

The Basics-II Indicative Reference to Argument Lines; Decision on Issues:- a) Scanning of Evidence, b) Treatment of cited Case Law;

The Remedies Steps to reduce Work pressure:- Do more Interlocutory & non-contentious work; Discreet brevity in Judicial Work; Be conscious at Issues stage; Judgement Format as habit;

The Spadework-I Lawyers’ / Litigants’ Management:- Background Homework / Preliminary View formation; Own demeanor ; Patience & patient hearings;

The Spadework-II Losing side’s indulgence:- CPC-VI-151+J.ment The Spadework-II Losing side’s indulgence:- Special care for decisions on Issues going against a party; Discussion of all submissions, including alternative options & contentions raised;

The Finesse-I (Preliminary) Specification of matter in contention, if Issues not specific; Observations on apparent result from available material & commonsense interpretation;

The Finesse-II Sequence of Case-Law treatment:- CPC-VI-151+J.ment The Finesse-II Sequence of Case-Law treatment:- Mentioning all citations of losing side; Moderately applicable Rulings to be dealt with threadbare & individually with observations; Inapplicable citations to be dealt cursorily with reproduction of extracts cited & own observations;

The Delivery Only Most applicable / Clinching Citations of Winning side warrant reference & discussion; Strict standard for reference & consideration of all submissions & Citations unwarranted;