Abuse of process of law Archives

J&K and Ladakh HC takes strict cognizance of a habitual litigant’s harassment of judges and use of demeaning language for his daughter-in-law in the petition

The Court termed the 81-year-old habitual litigant as a “cancer for the judicial system, with a depraved mindset against women”, and imposed exemplary costs of Rs 1 Lakhs.

Case Briefs High Courts

Caring for one’s parents is inherent compassion, a choice beyond compulsion; Calcutta High Court quashes criminal proceeding against wife

While allowing the revisional application, Calcutta High Court quashed the impugned proceeding on the ground of lack of substantial evidence to prima facie substantiate the offenses against the wife.

Case Briefs High Courts

Calcutta High Court dismisses revision seeking cancellation of bail in assault case

The Calcutta High Court criticized the trial court for solely relying on party’s submissions and not calling for injury report.

Case Briefs High Courts

Whether a promise of marriage is false from its inception or is there a possibility of breach of promise? Madhya Pradesh High Court examines

Madhya Pradesh High Court observed that “Only a false promise to marry made with an intention to deceive a woman would vitiate the woman’s consent being obtained under misconception of fact, but mere breach of promise cannot be said to be a false promise.”

Case Briefs High Courts

Guj HC | Court directs transfer of winding-up proceedings to NCLT; scattering litigation to various forums leads to multiplicity, abuse of process of law

Gujarat High Court: The Division Bench of Vineet Kothari and B.N. Karia, JJ., took up a petition which dealt with the parties

Case Briefs High Courts

Madras HC | When in circumstances registration of case is itself an abuse of process of law, Court can exercise inherent powers

Madras High Court: R. Pongiappan, J., addressed the Criminal Original Petition seeking to quash the First Information Report of first respondent police as

Case Briefs High Courts

Utt HC | Jurisdiction under S. 482 CrPC should not be exercised to stifle or scuttle the legitimate prosecution

Uttaranchal High Court: Lok Pal Singh, J., addressed an application that sought to quash criminal proceedings under Sections 420, 468, 471 of

Case Briefs High Courts

Kar HC | Continuation of criminal proceedings against parties who have amicably settled their disputes would tantamount to abuse of process of law

Karnataka High Court: Mohammad Nawaz, J., while allowing the petition quashed the entire proceedings. This instant petition was filed under Section 482

Case Briefs High Courts

Gau HC | Amicable settlement in a case of matrimonial offence can be allowed for sake of social justice so as to maintain harmony in society

Gauhati High Court: Rumi Kumari Phukan, J., allowed and further disposed of the petition in view of the matter being settled outside

Case Briefs High Courts

Utt HC | Court allows compounding application considering that offence was private in nature

Uttaranchal High Court: The Bench of Manoj K. Tiwari, J. disposed of a compounding application in favour of the parties as they

Case Briefs High Courts

Del HC | Plea of debt being time barred becomes inconsequential where issuance of cheque gives rise to presumption of amount being due

Delhi High Court: The Bench of R.K. Gauba, J. dismissed a petition filed under Section 482 CrPC holding it to be an abuse

Case Briefs High Courts

Offence of personal nature cannot be considered as one against society and is compoundable

Uttaranchal High Court: A Single Judge Bench comprising of Manoj K. Tiwari, J. allowed a compounding application as the offence involved was

Case Briefs High Courts

FIR under Section 498-A IPC against mother-in-law and sisters-in-law quashed for being abuse of process of law

Bombay High Court: A Division Bench comprising of P.N. Deshmukh and Swapna Joshi, JJ. partly allowed an application filed under Section 482

Case Briefs High Courts

An FIR can be quashed only in order to prevent abuse of process of law or to secure the ends of justice

Jammu & Kashmir High Court: A Single Judge Bench of Sanjay Kumar Gupta, J., dismissed a petition filed under Section 561-A of

Case Briefs High Courts

False dowry case filed by daughter-in-law against mother-in-law amounts to abuse of process of the court; FIR against mother-in-law quashed: Karnataka HC

Karnataka High Court: A Single Judge Bench comprising of K.S Mudagal, J. slammed a daughter-in-law for filing a false case of dowry

Case Briefs High Courts

Exercise of establishing facts before the civil courts cannot be bypassed by invoking writ jurisdiction under Article 226 of the Constitution

Karnataka High Court: While passing the order in a writ petition filed under Article 226 and 227 of the Constitution, a Single