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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Guidelines for Drafting Application under Section 151 CPC:
An application under Section 151 of the Code of Civil Procedure (CPC) is used to seek the inherent powers of the court for matters not specifically covered by other provisions. Follow these guidelines for effective drafting:
Clearly Specify Relief Sought: Clearly articulate the relief or remedy sought through the application. Specify the unique circumstances justifying the invocation of the court's inherent powers under Section 151 CPC.
Establish Unavailability of Specific Provision: Demonstrate that the matter at hand is not adequately addressed by any specific provision of the CPC. The application should explain why Section 151 is being invoked due to the absence of a suitable remedy.
Cite Legal Precedents: If applicable, cite relevant legal precedents where Section 151 has been invoked in similar situations. This helps establish the legal basis and provides guidance to the court.
Maintain Conciseness: Keep the application concise and to the point. Clearly present the facts, legal arguments, and the necessity for invoking Section 151 without unnecessary elaboration.
Common Mistakes to Avoid:
Failure to Specify Relief: Clearly state the relief sought. Vagueness or ambiguity in the application may lead to confusion and affect the court's understanding of the request.
Neglecting Legal Basis: Clearly articulate the legal basis for invoking Section 151. Failure to establish the need for inherent powers may weaken the application.
Ignoring Specific Provisions: Ensure that specific provisions of the CPC are unavailable or inadequate for the relief sought. Failure to explore specific provisions may result in the rejection of the application.
Excessive Reliance on Section 151: Avoid overreliance on Section 151 without demonstrating the inadequacy of other remedies. The court may be hesitant to invoke inherent powers if specific provisions are available.
By following these guidelines and avoiding common mistakes, you can draft a persuasive application under Section 151 CPC, enhancing the chances of the court exercising its inherent powers in situations not explicitly covered by other legal provisions.