Inherent powers  –  Trial court  – Every court whether civil or criminal in the absence of any express provision to the contrary, shall be deemed to possess as inherent powers as are necessary in the course of the administration of justice

criminal trial – Inherent powers  –  Trial court  – Every court whether civil or criminal in the absence of any express provision to the contrary, shall be deemed to possess as inherent in its very constitution, all such powers as are necessary in the course of the administration of justice – Courts exist for dispensation of justice and not for its denial for technical reasons when law and justice otherwise demand –  Even though inherent power saved under Section 482 Cr.P.C. is only in favour of High Courts, the subordinate criminal courts are also not powerless to do what is absolutely necessary for dispensation of justice in the absence of a specific enabling provisions provided there is no prohibition and no illegality or miscarriage of justice is involved –  All criminal courts are having such an auxiliary power subject to restrictions which justice, equity, good conscience and legal provisions demand provided it will not unnecessarily prejudice somebody else – crpc s. 482.

2003 PLRonline 0100