Sections 149, 150 and 151 of the Code of Civil Procedure, 1908
Section 149 allows a Court to permit payment of deficient court-fees. Section 150 preserves powers and duties when court business is transferred. Section 151 preserves the inherent power of the Court to secure the ends of justice and prevent abuse of process.
Section 149 CPC - Power to make up deficiency of court-fees
Where the whole or any part of any fee prescribed for any document by the law for the time being in force relating to court-fees has not been paid, the Court may, in its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case may be, of such court-fee; and upon such payment the document, in respect of which such fee is payable, shall have the same force and effect as if such fee had been paid in the first instance.
What Section 149 CPC means
Section 149 gives the Court discretion to allow a party to cure a deficiency in court-fees at any stage. Once the permitted deficient fee is paid, the document is treated as having the same force and effect as if the proper fee had been paid when it was first presented.
Section 150 CPC - Transfer of business
Save as otherwise provided, where the business of any Court is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the Court from which the business was so transferred.
What Section 150 CPC means
When judicial business is lawfully transferred from one Court to another, Section 150 ensures continuity. Unless another provision says otherwise, the transferee Court exercises the same CPC powers and performs the same duties that applied to the transferor Court in relation to that business.
Section 151 CPC - Saving of inherent powers of Court
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.
What Section 151 CPC means
Section 151 preserves inherent judicial power; it does not create an independent substantive right. It recognizes that, where the CPC does not expressly provide an adequate procedural solution, a Court may make an appropriate order when necessary to secure the ends of justice or prevent misuse of its process, subject to the structure and express provisions of law.