inherent power
‘Accused cannot be made to suffer due to police official’s error’; Punjab and Haryana HC upholds Trial Court’s order recalling denial of anticipatory bail
“Although the general rule is that a Criminal Court lacks jurisdiction to recall its own orders, it cannot be ignored that the dismissal of the anticipatory bail application of the accused persons occurred in circumstances that warranted reconsideration.”
What happens when a wife files a dowry harassment case against her husband after receiving a divorce notice from him? Karnataka High Court answers
The Court was hearing a case where a wife had lodged a complaint alleging cruelty by her husband and in-laws, after a divorce petition had already been filed by the husband.
When statutory remedy is created by enactment, exercise of inherent power under S.482 cannot be invoked ignoring statutory dispensation: Allahabad High Court
Allahabad High Court said that the cases relied upon by the accused are not applicable to the present case, as they are silent over the issue of maintainability of the petition under Section 482 Cr.P.C. after insertion of Section 14-A of SC/ST Act, 1989 and unless the said issue is decided consciously, any departure from the statutory provision would be a bad precedent.
Instead of filing an appeal before the Sessions Court petitioner rushed to this Court invoking its inherent power. Can High Court exercise its inherent power? Read J&K and Ladakh HC’s decision
Jammu and Kashmir and Ladakh High Court: Mohd. Akram Chowdhury, J., reiterated the settled position of law that if an alternate efficacious
False invocation of Ss. 354A, 506 IPC merely trivalises offence of sexual harassment casting doubt on veracity of allegations by victim who has in reality faced sexual harassment: Del HC
Delhi High Court: Subramonium Prasad, J., expressed its anguish at how provisions such as Sections 354A/506 of Penal Code, 1860 are falsely
Chh HC | Agreement to withdraw criminal complaint after receiving payment for the same cannot be regarded as any lawful term and is void
Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., dismissed the petition being devoid of merits. The facts of the case are such
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
All HC | Inherent power under S. 482 CrPC to be sparingly used, can’t be put in straight jacket formula
Allahabad High Court: Rekha Dikshit, J. while disposing of this petition granted petitioners time to surrender and apply for bail so that
Utt HC | Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted
Uttaranchal High Court: N.S. Dhanik, J. entertained a Criminal miscellaneous application filed under Section 482 CrPC, where the petitioner had prayed for
Petition in nature of second revision not a proper case in which inherent power could be invoked under Section 482 CrPC
Madhya Pradesh High Court: This Criminal Case was filed before a Single Judge Bench of Rajendra Kumar Srivastava, J., by petitioner under
Inherent power of High Court to be exercised where allegations made in the FIR are absurd and inherently improbable
Madhya Pradesh High Court: An application was filed before a Single Judge Bench of Rajendra Kumar Srivastava, J., under Section 482 of
Inherent power of the HC to recall orders in criminal cases: A tool to be used in exceptional cases
Jammu & Kashmir High Court: A Single Judge Bench of M.K. Hanjura, J., allowed an application filed against the order dismissing the
Principles governing exercise of inherent power under Section 482 CrPC summarised
Supreme Court: The 3-judge bench of Dipak Misra, CJ and AM Khanwilkar and Dr. DY Chandrachud, JJ, explaining the principles governing the
Inherent power under S. 482 CrPC cannot be exercised to recall a matter which has been finally disposed of by the Court
Allahabad High Court: In a matter where the applicant sought to recall an order whereby the petition was disposed of directing the
High Courts to exercise inherent power under S. 482 CrPC with caution in commercial litigations appearing to be civil in nature
Supreme Court: In a significant decision regarding the issue of exercise of inherent power of the High Courts under Section 482 CrPC