Inherent Powers U/s 482 CrPC To Quash Interlocutory Orders Can Be Invoked Only In Exceptional Cases: SC [Read Judgment]
5 years, 5 months ago

Inherent Powers U/s 482 CrPC To Quash Interlocutory Orders Can Be Invoked Only In Exceptional Cases: SC [Read Judgment]

Live Law  

The Supreme Court has observed that High Court may exercise its inherent powers under Section 482 of the Code of Criminal Procedure to set aside an interlocutory order, notwithstanding the bar under Section 397.This can only be done in exceptional cases, for example, where a criminal proceeding has been initiated illegally, vexatiously or without jurisdiction, the bench comprising. The Supreme Court has observed that High Court may exercise its inherent powers under Section 482 of the Code of Criminal Procedure to set aside an interlocutory order, notwithstanding the bar under Section 397. In this case, the High Court had set aside an interlocutory order of a magistrate passed under Section 630 of the Companies Act, 1956 directing the petitioner to vacate and hand over possession of the disputed property to the appellant company. Hence the High Court may exercise its inherent powers under Section 482 to set aside an interlocutory order, notwithstanding the bar under Section 397.

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History of this topic

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial
2 months, 1 week ago

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial

Live Law  

The question whether sanction for prosecution under the Prevention of Corruption Act, 1988 was granted by a competent authority is a matter of evidence, observed the Supreme Court, while setting aside an order of the High Court which quashed the proceedings in exercise of powers under Section 482 CrPC. A bench comprising Justice Bela M Trivedi and Justice Prasanna B …

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court
2 months, 3 weeks ago

High Courts Can Quash Criminal Proceedings Invoking Article 226 Jurisdiction Also Apart From S.482 CrPC Power : Supreme Court

Live Law  

The Supreme Court observed that apart from exercising its power to quash a criminal case under Section 482 Cr.P.C., the High Court can also exercise powers under Article 226 of the Constitution to quash the criminal case to prevent misuse of the law. “It is true that normally, quashing of criminal proceedings would be sought and would be done in …

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
3 months, 1 week ago

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

Live Law  

The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator. S.B.P and Co. the Supreme Court has held that “the object of minimizing judicial intervention while the …

Interlocutory Order Passed By Trial Court Can't Be Vacated By Appellate Court Unless Shown To Be Perverse, Arbitrary: Supreme Court
3 months, 3 weeks ago

Interlocutory Order Passed By Trial Court Can't Be Vacated By Appellate Court Unless Shown To Be Perverse, Arbitrary: Supreme Court

Live Law  

The Supreme Court recently cautioned the Appellate Courts against casually interfering with well-reasoned interlocutory orders passed by the trial courts, stating that the Appellate Court's discretion in vacating the interlocutory order should only be exercised if it is shown that the interlocutory order was arbitrary, capricious, perverse, or contrary to established legal principles. Setting aside the High Court's order, the …

High Court Transferring Revision Case to Sessions Court to Avoid Conflict of Jurisdiction: Kerala High Court
5 months, 1 week ago

High Court Transferring Revision Case to Sessions Court to Avoid Conflict of Jurisdiction: Kerala High Court

Live Law  

The Kerala High Court has ruled that Section 402 of the CrPC does not apply when revision is pending before the High Court but appeal is pending before the Sessions Court. The High Court has exercised its inherent power to transfer revision cases to the Sessions Court to avoid a conflict of jurisdiction.

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court
7 months ago

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently ruled that the inherent powers under Section 482 of the Cr.P.C. The petitioners had also cited the Supreme Court's ruling in Gian Singh v. State of Punjab,, to support their argument that the High Court could quash FIRs even in cases involving compoundable offences. Joshi v. State of Haryana,, to reinforce that the inherent …

Jurisdictional Delineation: Power Of Revisional Court Vis-À-Vis Quashing Of FIR
11 months ago

Jurisdictional Delineation: Power Of Revisional Court Vis-À-Vis Quashing Of FIR

Live Law  

In a significant judgment pronounced recently in the case of Arun P.Gidh v. Chandra Prakash Singh and Ors., a three-judge bench of the Bombay High Court extensively examined the question of revisional court's power to quash an FIR registered pursuant to an order of magistrate under Section 156 Cr.P.C. It can never be inferred that the power of police to …

The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate
11 months, 2 weeks ago

The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate

Live Law  

Section 482 of the CrPC provides for a wide ambit of powers of the High Court to secure the ends of justice. Criminal Revision & When It Should Be Invoked Section 397 of CrPC allows the High Court and Sessions Judge to call and examine the records of criminal courts inferior to them within their territory. For instance, in a …

CPC | Power Of Court To Preserve Existing Condition Of Property Distinct From Power To Ascertain, Collect Or Elucidate Facts In Dispute: J&K HC
1 year ago

CPC | Power Of Court To Preserve Existing Condition Of Property Distinct From Power To Ascertain, Collect Or Elucidate Facts In Dispute: J&K HC

Live Law  

Making a crucial distinction between two key provisions of the Civil Procedure Code - Order 39 Rule and Order 26 Rule the Jammu and Kashmir and Ladakh High Court has highlighted that Order 39 Rule primarily aims to record the existing condition of property to monitor changes or interference by parties, while Order 26 Rule focuses on elucidating facts relevant …

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court
1 year ago

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court

Live Law  

The Allahabad High Court has held that the power conferred under Section 451 of CrPC should be exercised by the criminal courts with a judicious mind and without any unnecessary delay. Similarly, taking into account the mandate of Sectio 457 CrPC, the Court added the procedure as contemplated under this provision be also followed promptly, so that the concerned Magistrate …

Powers U/S 482 CrPC Not Revisional/Appellate, Terms Like "Abuse Of Process" Or "Securing Ends Of Justice" Don't Grant Unfettered Discretion: J&K High Court
1 year, 1 month ago

Powers U/S 482 CrPC Not Revisional/Appellate, Terms Like "Abuse Of Process" Or "Securing Ends Of Justice" Don't Grant Unfettered Discretion: J&K High Court

Live Law  

Reiterating the restricted nature of its inherent power under Section 482 of the Criminal Procedure Code for quashing criminal complaints the Jammu and Kashmir and Ladakh High Court has observed that this exceptional power cannot be used for detailed evidence evaluation or as a substitute for appeals or revisions. A bench of Justice Javed Iqbal Wani further clarified that terms …

When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court
1 year, 2 months ago

When Called Upon To Invoke S.482 CrPC, High Courts Should Carefully Examine If Accusations Constitute Offence : Supreme Court

Live Law  

The Supreme Court in a recent order observed that when the High Court was called upon to invoke power under Section 482 Cr.P.C to quash a criminal case, it was incumbent upon the High Court to consider the question whether the allegations would constitute the offence alleged against the person-accused. While setting aside an order of a High Court which …

Section 323 CrPC - Power Can Be Invoked Even After Deposition/Chief Examination Of Witness: Supreme Court
1 year, 6 months ago

Section 323 CrPC - Power Can Be Invoked Even After Deposition/Chief Examination Of Witness: Supreme Court

Live Law  

The Supreme Court observed that the power under Section 323 CrPC may be invoked by the Magistrate even after the deposition or the examination-in-chief of a witness.The key requirement for the invocation of the power under the Section 323 is that the learned Magistrate concerned must feel that the case is one which ought to be tried by the Court …

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court
1 year, 8 months ago

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court

Live Law  

The Rajasthan High Court at Jaipur has reiterated that the inherent powers of the High Court under Section 482 of IPC cannot be invoked to alter or review the final order of a criminal court. does not confer any new powers on the High Court; it only saves the inherent power which the Court possessed before the commencement of the …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 10 months ago

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC

Live Law  

“In the exercise of this wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The Supreme Court held that even when the …

Orders Framing, Altering Or Refusing To Alter Charges Under NIA Act Are Interlocutory & Not Appealable: Jammu & Kashmir High Court
1 year, 10 months ago

Orders Framing, Altering Or Refusing To Alter Charges Under NIA Act Are Interlocutory & Not Appealable: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that a Special Court's order framing charge or altering or refusing to alter the charge under the National Investigating Agency Act is an interlocutory order and not appealable under Section 21. However, the term "interlocutory order" as used in Section 21 of the NIA Act cannot be given the same …

Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials
1 year, 11 months ago

Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials

Live Law  

The Himachal Pradesh High Court has reiterated that the powers under Section 391 CrPC are to be exercised judiciously and not for mere asking, and the additional evidence should not be a way to re-try the case or alter the charges. The observations were made while hearing challenge to an order of Appellate court in terms of which it had …

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer
1 year, 11 months ago

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

Live Law  

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations. In …

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court
2 years ago

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court

Live Law  

The Supreme Court reiterated the though exercise of jurisdiction under Section 319 of the Code of Criminal Procedure is discretionary, it ought to be done only where strong and cogent evidence occurs against a person from the evidence before the Court. filed by a complainant for summoning of the appellant as an additional accused, a Bench comprising Justice AS Oka …

Execution Court Should Attach The Debt Under Order XXI Rule 46 CPC Before Proceeding Against Garnishee Under Order XXI Rule 46A CPC : Supreme Court
2 years, 3 months ago

Execution Court Should Attach The Debt Under Order XXI Rule 46 CPC Before Proceeding Against Garnishee Under Order XXI Rule 46A CPC : Supreme Court

Live Law  

The Supreme Court observed that an Execution Court should attach the debt under Order XXI Rule 46 CPC before proceeding against garnishee under Order XXI Rule 46A of Code of Civil Procedure can be In this case, the Bhagyoday Cooperative Bank granted a financial facility to a firm Vimal Traders. In these proceedings, an application under Order XXI Rule 46A …

Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court
2 years, 4 months ago

Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly : Supreme Court

Live Law  

The Supreme Court reiterated that the power of a court under Section 319 CrPC is a discretionary and extraordinary power which should be excercised sparingly.The crucial test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, …

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]
2 years, 5 months ago

Supreme Court Quarterly Digest on CODE OF CIVIL PROCEDURE [July - September 2022]

Live Law  

Admiralty Act, 2017; Section 12, 14 - Code of Civil Procedure, 1908; Order 1 Rule 10, Order XLIII Rule 1 - Commercial Courts Act, 2015 - An order for addition of a party under Order 1 Rule 10 of the CPC is not appealable under section 14 of the Admiralty Act - An appeal does not lie to the Commercial …

Further Investigation/Reinvestigation Can Be Ordered By High Court Under Section 482 CrPC In Appropriate Cases: Supreme Court
2 years, 5 months ago

Further Investigation/Reinvestigation Can Be Ordered By High Court Under Section 482 CrPC In Appropriate Cases: Supreme Court

Live Law  

The Supreme Court observed that the inherent powers under Section 482 CrPC can be exercised by a High Court to direct further investigation or even reinvestigation in an appropriate case. "The provisions of Section 173 CrPC do not limit or affect such powers of the High Court to pass an order under Section 482 CrPC for further investigation or reinvestigation, …

Can Section 319 CrPC Be Invoked After Trial Is Over? Supreme Court Constitution Bench To Hear On Nov 15
2 years, 5 months ago

Can Section 319 CrPC Be Invoked After Trial Is Over? Supreme Court Constitution Bench To Hear On Nov 15

Live Law  

A Constitution Bench of the Supreme Court, on Wednesday, decided to commence with the hearing of the plea which raises the broad issue, whether Section 319 of the Code of Criminal Procedure, 1973 can be invoked after judgment is reserved, on 15th November, 2022. Gavai, A.S. Bopanna, V. Ramasubramanian and B.V. Nagarathna, Senior Advocate, Mr. Paramjit Singh Patwalia representing the …

Section 482 CrPC - High Court Can Recall Judgment/Order Which Was Passed Without Hearing A Person Prejudically Affected By It: Supreme Court
2 years, 7 months ago

Section 482 CrPC - High Court Can Recall Judgment/Order Which Was Passed Without Hearing A Person Prejudically Affected By It: Supreme Court

Live Law  

The Supreme Court observed that a High Court has inherent power under Section 482 CrPC to recall a judgment/order which was passed without hearing a person prejudicially affected by it.In this case, the allegation against the accused was that they had cheated the deceased of Rs.2,35,73,200/- and thus the deceased, who was in acute financial crunch, was constrained to take …

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court
2 years, 10 months ago

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court

Live Law  

The Supreme Court observed that when a clear case is made out for the offences alleged, the criminal proceedings cannot be quashed merely on the ground that "no useful purpose will be served by prolonging the proceedings of the case".The bench comprising Justices MR Shah and BV Nagarathna reiterated that a High Court must pass a speaking and reasoned order …

High Court Can Exercise Jurisdiction U/S 482 CrPC & Direct That Sentence Imposed By Trial Court Shall Run Concurrently: Madras HC
2 years, 11 months ago

High Court Can Exercise Jurisdiction U/S 482 CrPC & Direct That Sentence Imposed By Trial Court Shall Run Concurrently: Madras HC

Live Law  

The Madras High Court recently held that the scope of Section 427 CrPC is that, in respect of conviction to undergo the sentence of imprisonment passed on subsequent cases for the offence of same nature, the sentence shall run concurrently. The court also made it clear that it can exercise of its jurisdiction under Section 482 of CrPC and issue …

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court
2 years, 11 months ago

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently set aside the order of lower court allowing revision against rejection of application under Section 91 CrPC, reiterating that the impugned order was interlocutory in nature and therefore no revision lies against it. Justice Atul Shreedharan was dealing with an application under Section 482 CrPC, moved by the Applicant who was aggrieved by the …

Inherent Jurisdiction Of High Court U/S 482 CrPC Can't Be Invoked To Override Bar Of Review U/S 362: Delhi HC
3 years, 1 month ago

Inherent Jurisdiction Of High Court U/S 482 CrPC Can't Be Invoked To Override Bar Of Review U/S 362: Delhi HC

Live Law  

The Delhi High Court has refused to entertain a petition under Section 482 of the Code of Criminal Procedure 1973 for setting aside its own Judgment, citing the bar on review envisaged under Section 362 CrPC. Section 362 stipulates that no Court, when it has signed its Judgment or final order disposing of a case, shall alter or review the …

Section 482 CrPC : Supreme Court Judgments On High Courts' Power [2021]
3 years, 2 months ago

Section 482 CrPC : Supreme Court Judgments On High Courts' Power [2021]

Live Law  

Section 482 of the Code of Criminal Procedure saves the inherent powers of High Courts. Blanket Order Of Protection From Arrest Cannot Be Passed By High Court While Dismissing A Petition U/s 482 CrPC: Supreme Court A Bench comprising of Justices DY Chandrachud and MR Shah observed that a blanket order of protection from arrest cannot be passed by the …

Section 482 CrPC - High Court Can't Pass Adverse Orders Or Observations Against Third Party Who Is Not Before It : Supreme Court
3 years, 3 months ago

Section 482 CrPC - High Court Can't Pass Adverse Orders Or Observations Against Third Party Who Is Not Before It : Supreme Court

Live Law  

The Supreme Court has recently observed that the High Court in a petition for quashing filed by the accused u/s 482 CrPC cannot issue directions for proceeding against a third party who was neither before the Court and nor was given any opportunity before passing the order.The bench of Justices AM Khanwilkar and CT Ravikumar was considering a special leave …

Section 362 CrPC Does Not Empower Court To Suo Motu Recall Orders Passed By It: Supreme Court
3 years, 3 months ago

Section 362 CrPC Does Not Empower Court To Suo Motu Recall Orders Passed By It: Supreme Court

Live Law  

The Supreme Court observed that Section 362 of the Code of Criminal Procedure does not empower a court to suo moto recall the earlier order passed by it.The court said that Section 362 CrPC only provides for correction of any clerical or arithmetical error. The bench comprising Justices Vineet Saran and Aniruddha Bose set aside a Kerala High court order …

Section 482 CrPC - High Court Must Furnish Reasons For Issuing Interlocutory Direction At Interim Stage : Supreme Court
3 years, 4 months ago

Section 482 CrPC - High Court Must Furnish Reasons For Issuing Interlocutory Direction At Interim Stage : Supreme Court

Live Law  

The Supreme Court has observed that while issuing an interlocutory direction at an interim stage while exercising jurisdiction under Section 482 of the Code of Criminal Procedure, the High Court must furnish reasons. "Even at the interim stage, the High Court must demonstrate an application of mind and furnish reasons for issuing any interlocutory direction, which is capable. "Even at …

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court
3 years, 4 months ago

High Court In An Appeal U/Sec 374(2) CrPC Has To Independently Evaluate Entirety Of Evidence: Supreme Court

Live Law  

The Supreme Court reiterated that a High Court in a criminal appeal under Section 374 of Code of Criminal Procedure is duty bound to consider the entirety of the evidence. In the exercise of its appellate jurisdiction, the High Court was required to evaluate the evidence on the record independently and to arrive at its own findings as regards the …

SC/ST Act Offences - Petition U/S 482 CrPC Not Maintainable Against The Order Taking Cognizance; Only Appeal U/S 14A(1) Maintainable": Allahabad High Court
3 years, 5 months ago

SC/ST Act Offences - Petition U/S 482 CrPC Not Maintainable Against The Order Taking Cognizance; Only Appeal U/S 14A(1) Maintainable": Allahabad High Court

Live Law  

The Allahabad High Court on Tuesday held that an Application U/s 482 Cr.P.C. can't be filed against a cognizance order passed by Special Judge in an SC/ST Act Offence and that against such an order, only an appeal shall lie before the High Court under Section 14A of the S.C./S.T. In this matter, an application under 482 CrPC was moved …

'Non Compoundable' Criminal Cases Of Predominantly Private Nature Can Be Quashed U/s 482 CrPC Even If Compromise Is Reached After Conviction: Supreme Court
3 years, 5 months ago

'Non Compoundable' Criminal Cases Of Predominantly Private Nature Can Be Quashed U/s 482 CrPC Even If Compromise Is Reached After Conviction: Supreme Court

Live Law  

The Supreme Court observed that a High Court can quash criminal proceedings in exercise of its inherent powers under Section 482 Cr.P.C., even if the offences are non-compoundable and the compromise is reached after conviction.The bench headed by CJI NV Ramana added that criminal proceedings involving non-­heinous offences or where the offences are predominantly of a. The Supreme Court observed …

Section 319 CrPC: Summoning Power Should Be Exercised Only When Strong And Cogent Evidence Occurs Against A Person: Supreme Court
3 years, 6 months ago

Section 319 CrPC: Summoning Power Should Be Exercised Only When Strong And Cogent Evidence Occurs Against A Person: Supreme Court

Live Law  

The Supreme Court observed that the power under Section 319 of the Criminal Procedure Code should be exercised only when strong and cogent evidence occurs against a person from the evidence.The bench of Justices KM Joseph and PS Narasimha reiterated that the power under Section 319 CrPC cannot be exercised in a casual and cavalier manner. The Supreme Court observed …

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme Court
3 years, 7 months ago

Improper To Quash FIR U/s 482 CrPC When There Are Serious Triable Allegations In Complaint, Reiterates Supreme Court

Live Law  

The Supreme Court observed that it is improper to quash criminal proceedings under Section 482 of Criminal Procedure Code when there are serious triable allegations in the complaint.Appreciation of evidence is not permissible at the stage of quashing of proceedings in exercise of powers under Section 482 CrPC, the Supreme Court reiterated while setting aside a High Court judgment.In this. …

Remand Power U/s 167 CrPC Can Also Be Exercised By Courts Superior To Magistrate: Supreme Court
3 years, 10 months ago

Remand Power U/s 167 CrPC Can Also Be Exercised By Courts Superior To Magistrate: Supreme Court

Live Law  

The power under Section 167 of Code of Criminal Procedure can also be exercised by Courts which are superior to the Magistrate, the Supreme Court held in the judgment dismissing appeal filed by jailed activist Gautam Navlakha seeking default bail in the Bhima Koregaon case.The bench comprising Justices UU Lalit and KM Joseph observed thus in the judgment: Though the …

'Liberty Is So Precious; But We Must Give A Sense Of Responsibility To High Courts' : SC On 'Routine' Stay Orders Under Section 482 CrPC
4 years ago

'Liberty Is So Precious; But We Must Give A Sense Of Responsibility To High Courts' : SC On 'Routine' Stay Orders Under Section 482 CrPC

Live Law  

The Supreme Court on Tuesday expressed concern regarding the rising trend among High Courts across the country to routinely grant interim relief by way of a stay on any coercive action pending a writ petition or a plea under section 482, CrPC for quashing of criminal proceedings. While granting time for the filing of a reply affidavit with additional documents, …

Extra-Ordinary Power Of Trial Court Under Section 319 CrPC Should Be Exercised Sparingly, Reiterates Supreme Court
4 years, 1 month ago

Extra-Ordinary Power Of Trial Court Under Section 319 CrPC Should Be Exercised Sparingly, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that the power of a Trial Court under Section 319 of the Criminal Procedure Code to proceed against other persons appearing to be guilty of offence is a discretionary and extra-ordinary power which has to be exercised sparingly. The court said that the High Court did not examine the correctness of the summoning order under Section …

'Status Quo' Orders Not To Be Passed When Prima Facie Case Is Not Made Out: SC [Read Order]
4 years, 8 months ago

'Status Quo' Orders Not To Be Passed When Prima Facie Case Is Not Made Out: SC [Read Order]

Live Law  

The Supreme Court recently set aside a Punjab and Haryana High Court order in a revision petition which directed parties in a civil suit to maintain 'status quo' despite the fact that no prima facie case was made out by the plaintiffs for grant of such relief. It did not make any findings of its own, but disposed of the …

Power U/s 482 CrPC Can Be Exercised To Quash Criminal Proceedings Which Are Ex Facie Bad For Want Of Sanction: SC [Read Judgment]
4 years, 9 months ago

Power U/s 482 CrPC Can Be Exercised To Quash Criminal Proceedings Which Are Ex Facie Bad For Want Of Sanction: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the power under Section 482 of Code of Criminal Procedure can be exercised to quash criminal proceedings which are ex facie bad for want of sanction, frivolous or in abuse of process of court. If, on the face of the complaint, the act alleged appears to have a reasonable relationship with official duty, where …

SC Extends Limitation For Filing In All Courts/Tribunals With Effect From March 15 Until Further Orders [Read Order]
5 years ago

SC Extends Limitation For Filing In All Courts/Tribunals With Effect From March 15 Until Further Orders [Read Order]

Live Law  

With the objective of reducing physical filings in courts and tribunals across the countries during the COVID-19 pandemic, the Supreme Court on Monday passed a general order extending the limitation, whether condonable or not, with effect from March 15, until further orders. "To obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such …

HC In Exercise Of Writ Jurisdiction Can Pass An Order Interdicting Legal Fiction, Provided It Had Not Come Into Operation: SC [Read Judgment]
5 years ago

HC In Exercise Of Writ Jurisdiction Can Pass An Order Interdicting Legal Fiction, Provided It Had Not Come Into Operation: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the High Court in exercise of jurisdiction under Article 226 of the Constitution can pass an order interdicting the legal fiction engrafted in a legislation, provided the legal fiction had not come into operation. The bench comprising Justice Ashok Bhushan and Justice Navin Sinha reiterated that the power of the High Court under Article …

Section 362 CrPC Does Not Bar Inherent Power Of High Court To Recall An Order: SC [Read Judgment]
5 years, 3 months ago

Section 362 CrPC Does Not Bar Inherent Power Of High Court To Recall An Order: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the High Court has inherent power under Section 482 of the Code of Criminal Procedure to recall an order and the provisions of Section 362 Cr.P.C. In this case, the High Court held that conviction of the accused for an offence punishable under Section 498­A of the Indian Penal Code shall not affect his …

Section 144 CPC [Restitution] Not Attracted When There Is No Variation Or Reversal Of A Decree Or Order, Reiterates SC [Read Judgment]
5 years, 4 months ago

Section 144 CPC [Restitution] Not Attracted When There Is No Variation Or Reversal Of A Decree Or Order, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has observed that the provisions of Section 144 of the Code of Civil Procedure will not be attracted when there is no variation or reversal of a decree or order. Thereafter, a petition under Section 151 read with Section 144 CPC was filed before the High Court to restore possession of the subject property. The possession was …

Section 482 CrPC- Inherent Powers Cannot Be Invoked To Alter Sentence Imposed By The HC Itself: SC [Read Judgment]
5 years, 4 months ago

Section 482 CrPC- Inherent Powers Cannot Be Invoked To Alter Sentence Imposed By The HC Itself: SC [Read Judgment]

Live Law  

The inherent power under Section 482 CrPC cannot be used by the High Court to reopen or alter an order disposing of a petition decided on merits, the Supreme Court has observed. The bench comprising Justice Deepak Gupta and Justice Aniruddha Bose observed that the High Court has no power to entertain the petition under Section 482 CrPC and alter …

Section 482 CrPC: Quashing Power Should Not Be Exercised To Stifle Legitimate Prosecution : SC [Read Judgment]
5 years, 7 months ago

Section 482 CrPC: Quashing Power Should Not Be Exercised To Stifle Legitimate Prosecution : SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that 'quashing' power under Section 482 of CrPC should not be exercised to stifle legitimate prosecution. The bench comprising Justice D Y Chandrachud and Justice Indira Banerjee upheld an order of High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh dismissing an application filed under Section 482 …

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