Sunday, May 25, 2025

Section 151 — Saving of Inherent Powers of Court

 

📜 Section 151 — Saving of Inherent Powers of Court

Text:
"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."

🔍 Explanation

Section 151 preserves the inherent powers of the civil court, meaning even if something is not specifically provided in the CPC, the court can act on its own to:
✅ Ensure justice is served
✅ Prevent misuse or abuse of the court process

It gives the court flexibility to fill gaps where the CPC does not expressly provide a remedy.

This power is discretionary and extraordinary, used only when:

  • There is no specific provision under the CPC

  • Strict application of procedural rules would result in injustice

  • There’s a need to correct procedural defects or prevent miscarriage of justice

⚖️ Key Points

  • It cannot override express provisions of the CPC.

  • It is not a substitute for appeals or revisions.

  • Common uses include:

    • Recall of orders obtained by fraud

    • Correction of procedural errors not covered by other sections

    • Consolidation of suits for judicial efficiency

    • Staying proceedings to prevent injustice

📚 Important Case Law

  • Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal (AIR 1962 SC 527)
    → Supreme Court held that the inherent powers can be exercised to meet the ends of justice even if not explicitly provided under the Code.

  • Arjun Singh v. Mohindra Kumar (AIR 1964 SC 993)
    → Held that inherent power cannot be exercised to override specific provisions of the CPC.

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APPLICATION UNDER ORDER 41 RULE 5 READ WITH SECTION 151 CPC SEEKING STAY OF EXECUTION OF DECREE DATED __ / __ / 20__

 

🏛 IN THE COURT OF [APPELLATE COURT NAME]

(e.g., District Judge / High Court)

First Appeal No. ___ of 20__

In the matter of:
Appellant:

  • [Name],
    S/o / D/o / W/o [Name],
    Resident of [Full Address],
    [Mobile No., Email if applicable]

Versus

Respondent:

  • [Name],
    S/o / D/o / W/o [Name],
    Resident of [Full Address],
    [Mobile No., Email if applicable]

APPLICATION UNDER ORDER 41 RULE 5 READ WITH SECTION 151 CPC SEEKING STAY OF EXECUTION OF DECREE DATED __ / __ / 20__

The Appellant respectfully submits as under:

1️⃣ Background

  1. The Appellant has preferred the accompanying First Appeal under Section 96 CPC against the judgment and decree dated __ / __ / 20__, passed by the [Trial Court Name] in Civil Suit No. __ of 20__.

  2. The said judgment and decree is challenged on serious and substantial grounds, as detailed in the memorandum of appeal.

2️⃣ Grounds for Stay under Order 41 Rule 5 CPC

  1. That under Order 41 Rule 5 CPC, the appellate court has power to stay the execution of the decree pending the disposal of the appeal.

  2. That if the execution of the decree is not stayed, the Appellant will suffer irreparable loss and injury which cannot be compensated by restitution if the appeal succeeds.

  3. That the Appellant has a prima facie strong case on merits and there is every likelihood that the appeal may succeed.

  4. That the balance of convenience is in favour of granting stay.

  5. That the Appellant is willing to comply with any terms or conditions that this Hon’ble Court may impose for the grant of stay.

3️⃣ Legal Requirements under Order 41 Rule 5 CPC

The Appellant satisfies the conditions under Order 41 Rule 5 CPC, namely:

  • The appeal has been filed in good faith;

  • There is sufficient cause to grant stay;

  • Execution of the decree would cause irreparable injury to the Appellant;

  • The Appellant is willing to furnish security or comply with conditions if required.

4️⃣ Prayer

In view of the above, the Appellant prays that this Hon’ble Court may kindly:

a) Stay the execution of the judgment and decree dated __ / __ / 20__ passed by the [Trial Court] in Civil Suit No. __ of 20__, pending final disposal of the First Appeal;

b) Pass any other or further orders as this Hon’ble Court may deem fit and proper in the interest of justice.

Place: [Location]

Date: __ / __ / 20__

[Signature of Appellant / Advocate]
(Name of Advocate, Enrollment No.)
(Address, Contact Details)

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STAY PETITION UNDER SECTION 151 CPC

 

🏛 IN THE COURT OF [APPELLATE COURT NAME]

(e.g., District Judge / High Court)

First Appeal No. ___ of 20__

In the matter of:
Appellant:

  • [Name],
    S/o / D/o / W/o [Name],
    Resident of [Full Address],
    [Mobile No., Email if applicable]

Versus

Respondent:

  • [Name],
    S/o / D/o / W/o [Name],
    Resident of [Full Address],
    [Mobile No., Email if applicable]

STAY PETITION UNDER SECTION 151 CPC

(Seeking stay of execution/operation of decree dated __ / __ / 20__)

The Appellant most respectfully submits as under:

1️⃣ Preliminary Submissions

  1. That the Appellant has filed the above First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated __ / __ / 20__, passed by the [Trial Court name] in Civil Suit No. __ of 20__.

  2. That the present petition is being filed to seek stay of the execution/operation of the said decree pending final disposal of the appeal, in exercise of inherent powers of this Hon’ble Court under Section 151 CPC.

2️⃣ Grounds for Stay

  1. Because the Appellant has a prima facie strong case on merits and the appeal raises substantial questions of law and fact.

  2. Because if the decree is executed, the Appellant will suffer irreparable loss and injury which cannot be adequately compensated in terms of money.

  3. Because the balance of convenience lies in favour of granting stay pending appeal.

  4. Because no prejudice will be caused to the Respondent if the stay is granted, while the Appellant will face serious hardship otherwise.

  5. Because the ends of justice require that the operation/execution of the impugned decree be stayed pending final disposal of the appeal.

3️⃣ Prayer

In light of the above, the Appellant prays that this Hon’ble Court may kindly:

a) Stay the operation and/or execution of the judgment and decree dated __ / __ / 20__ passed by the [Trial Court] in Civil Suit No. __ of 20__, pending disposal of the accompanying First Appeal;

b) Pass any other or further order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.

Place: [Location]

Date: __ / __ / 20__

[Signature of Appellant / Advocate]
(Name of Advocate, Enrollment No.)
(Address, Contact Details)

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MEMORANDUM OF APPEAL UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, 1908

 

🏛 IN THE COURT OF [APPELLATE COURT NAME]

(e.g., District Judge / High Court)

First Appeal No. ___ of 20__

In the matter of:
Appellant:

  • [Name],
    S/o / D/o / W/o [Name],
    Resident of [Full Address],
    [Mobile No., Email if applicable]

Versus

Respondent:

  • [Name],
    S/o / D/o / W/o [Name],
    Resident of [Full Address],
    [Mobile No., Email if applicable]

MEMORANDUM OF APPEAL UNDER SECTION 96 OF THE CODE OF CIVIL PROCEDURE, 1908

The Appellant most respectfully submits as under:

1️⃣ Details of the Appeal

  1. Appeal Against:
    Judgment and Decree dated __ / __ / 20__ passed by the [Name of Trial Court] in Civil Suit No. __ of 20__.

  2. Date of Judgment/Decree Appealed From:
    __ / __ / 20__

  3. Limitation:
    The present appeal is within the period of limitation as prescribed under Article 116 of the Limitation Act, 1963.

2️⃣ Facts of the Case

(Provide a concise summary)

  • That the Appellant filed a suit / was the defendant in Civil Suit No. __ of 20__ before the [Trial Court].

  • That by its judgment and decree dated __ / __ / 20__, the learned Trial Court passed a decree in favour of the Respondent / against the Appellant.

  • That the Appellant is aggrieved by the said judgment and decree on the following grounds.

3️⃣ Grounds of Appeal

(Without prejudice to one another, the Appellant raises the following grounds:)

  1. Because the learned Trial Court erred in law and facts by ___ (state the error, e.g., ignoring material evidence).

  2. Because the findings of the learned Trial Court are perverse and contrary to the record.

  3. Because the learned Trial Court misinterpreted the provisions of law applicable to the case.

  4. Because the judgment and decree is against the settled principles of law.

  5. Because the Appellant was denied a fair opportunity / was proceeded ex parte without sufficient reason.

(Add or customize grounds based on your case.)

4️⃣ Prayer

In light of the above, the Appellant most respectfully prays that this Hon’ble Court may kindly:

a) Admit the present appeal;
b) Set aside / modify the judgment and decree dated __ / __ / 20__ passed by the [Trial Court] in Civil Suit No. __ of 20__;
c) Grant such other and further relief(s) as may be deemed just and proper in the facts and circumstances of the case.

5️⃣ List of Enclosures

  1. Certified copy of the judgment

  2. Certified copy of the decree

  3. Copy of the plaint and written statement (if needed)

  4. Copy of evidence (if needed)

  5. Court fee

  6. Vakalatnama (if filed through advocate)

Place: [Location]

Date: __ / __ / 20__

[Signature of Appellant / Advocate]
(Name of Advocate, Enrollment No.)
(Address, Contact Details)

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Section 96 CPC — First Appeal

 

Section 96 CPC — First Appeal

Text of the provision (simplified):
Section 96 provides that:

  • An appeal shall lie from every decree passed by any court exercising original jurisdiction to the court authorized to hear appeals from the decisions of such court.

  • No appeal shall lie from a decree passed by the consent of parties.

  • If only a portion of the decree is challenged, the appeal lies only to that extent.

  • In cases where a decree is ex parte (i.e., passed without the defendant’s appearance), an appeal is still maintainable.

Key Points about First Appeal

✅ Nature of Right:

  • The right to file a first appeal is a statutory right, not an inherent or fundamental right.

  • It is governed entirely by the provisions of the CPC.

✅ Who can file:

  • Any party aggrieved by the decree (plaintiff or defendant) can file the first appeal.

✅ Appealable Orders/Decrees:

  • Only decrees are appealable under Section 96, not mere orders (unless otherwise provided).

  • Includes:

    • Preliminary decrees

    • Final decrees

    • Ex parte decrees

✅ Time limit:

  • Under Article 116 or 117 of the Limitation Act, the time limit is:

    • 90 days if the appeal is to the High Court.

    • 30 days if the appeal is to any other court.

    • Time runs from the date of decree or, if requested, from the date of decree copy.

✅ Grounds for appeal:

  • Error in law or fact

  • Misreading of evidence

  • Misapplication of legal principles

  • Procedural irregularities causing prejudice

✅ Scope of powers:

  • The first appellate court has wide powers: it can reappreciate evidence, reassess facts, and apply the law afresh.

  • It is both a court of law and facts.

✅ Limitation:

  • No appeal lies:

    • From a consent decree.

    • Where the decree is of a petty nature and barred under the CPC.

Relevant Case Law

  • Santosh Hazari v. Purushottam Tiwari (2001): The Supreme Court clarified that the first appellate court has a duty to apply its mind independently to both facts and law.

  • B.V. Nagesh v. H.V. Sreenivasa Murthy (2010): The appellate court must record reasons while reversing the trial court’s judgment.

Procedure for Filing First Appeal

  1. Draft the memorandum of appeal (mentioning grounds, facts, and reasons).

  2. Attach certified copy of the decree and judgment.

  3. File within limitation period.

  4. Serve notice to respondent(s).

  5. Pay court fee as applicable.

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What is Section 96 CPC?

 

📘 What is Section 96 CPC?

Section 96 of the Code of Civil Procedure, 1908, provides the right to appeal from a decree passed by a court exercising original jurisdiction. This is commonly known as a "First Appeal."

📜 Text of Section 96 CPC:

Section 96. Appeal from original decree.

  1. Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any court exercising original jurisdiction to the court authorized to hear appeals from the decisions of such court.

  2. An appeal may lie from an ex parte decree as well.

  3. No appeal shall lie from a decree passed by the court with the consent of parties.

  4. No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed ₹10,000.

✅ Key Features of First Appeal:

FeatureDescription
Type of AppealAs of right (not discretionary)
Who can file?Any party aggrieved by the decree
Appealable OrderOnly against a decree, not against interlocutory orders (unless covered under Section 104 or Order 43)
Time LimitGenerally 90 days from the date of decree
Appellate CourtCourt superior to the one which passed the decree (typically District Court or High Court)

📌 Grounds for First Appeal:

  • Error of law or fact by trial court

  • Misinterpretation of evidence

  • Procedural irregularities

  • Decree passed without jurisdiction

  • Ex parte decree (if not set aside under Order IX Rule 13)

🏛️ Procedure:

  1. Draft and file a Memorandum of Appeal (Order XLI Rule 1)

  2. Include certified copy of the decree and judgment

  3. Pay requisite court fee

  4. Notice issued to respondent

  5. Appellate court may:

    • Admit and hear the appeal

    • Call for the record

    • Pass interim orders/stay

    • Confirm, reverse, modify, or remand the case

🔍 Important Case Law:

  • Banarsi v. Ram Phal (2003): First appeal is a continuation of the original suit.

  • Union of India v. K.V. Lakshman (2016): Scope of First Appeal includes re-appreciation of evidence.

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If a GST (Goods and Services Tax) holder—meaning a registered taxpayer—has expired (passed away)

 

If a GST (Goods and Services Tax) holder—meaning a registered taxpayer—has expired (passed away), here are the steps to handle the GST registration and related matters:

1. Inform the GST Department

  • The legal heir or authorized representative of the deceased taxpayer should notify the GST department about the death.

2. Apply for Transfer of GST Registration

  • The legal heir or authorized person can apply for the transfer of the GST registration of the deceased.

  • According to GST rules, the registration can be transferred to a legal heir or a nominated person.

  • This requires submitting an application to the GST officer, along with the death certificate and legal heir documents.

3. Filing Pending Returns and Settlement

  • The legal heir or authorized person is responsible for filing any pending GST returns of the deceased.

  • Any pending GST liabilities must be paid.

  • Settlement of outstanding dues is necessary to close or transfer the registration.

4. Cancellation of GST Registration (If Business Discontinued)

  • If the legal heir does not wish to continue the business, they should apply for cancellation of the GST registration.

  • Cancellation can be applied online through the GST portal.

5. Maintain Proper Records

  • Keep all documents, including the death certificate, legal heir certificate, and communication with GST authorities.

Summary:

  • Notify GST department about the death.

  • Legal heir applies for transfer or cancellation of GST registration.

  • File pending returns and pay dues.

  • Submit all required documents.

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