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The Doctrine Of Inherent Powers Of Courts: A Crucial Tool In The Indian Legal System

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Srishti Malhotra, Amity Law School, Noida, Amity University, Uttar Pradesh


ABSTRACT


The doctrine of inherent powers of courts, originating from common law and established in the Civil Procedure Code, is a potent tool that allows courts to uphold justice and, importantly, prevent the abuse of legal processes. Courts utilise inherent powers to rectify mistakes, grant time extensions, and prevent injustice. This paper, from the unique perspective of the Indian legal system, delves into the extent and constraints of these powers, examining their use in addressing procedural shortcomings, preventing the misuse of legal processes, and, most significantly, ensuring just outcomes. The paper provides a comprehensive understanding of inherent powers by exploring historical evolution, statutory constraints, principles of natural justice, and landmark case laws. Comparative perspectives from the United States, United Kingdom, and Canada highlight the universal importance of these judicial powers in maintaining legal integrity and preventing abuse of process, instilling respect for the legal profession and its values in the audience. To strengthen this doctrine, the paper also proposes recommendations such as developing clearer guidelines, enhancing judicial training, and fostering public understanding, ultimately promoting fair outcomes within the Indian legal system.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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