Availability Of Revisional Remedy Does Not Bar Invocation Of Inherent Powers Under Sec 482 Crpc- Delhi HC [Read Order]
7 years, 6 months ago

Availability Of Revisional Remedy Does Not Bar Invocation Of Inherent Powers Under Sec 482 Crpc- Delhi HC [Read Order]

Live Law  

The Delhi High Court has held that the availability of revisional remedy under Section 399/401 of the Cr.P.C does not bar the invocation of inherent powers under Section 482 of the Code. In reaching the decision, the Delhi High Court followed the decision of the Supreme Court in Prabhu Chawla v. State of Rajasthan AIR 2016 SC 4245.Prabhu Chawla was rendered by a three member bench, which was. In reaching the decision, the Delhi High Court followed the decision of the Supreme Court in Prabhu Chawla v. State of Rajasthan AIR 2016 SC 4245. Prabhu Chawla was rendered by a three member bench, which was set up to specifically decide this point as to whether alternate remedy bars petition under Section 482.

Court Delhi High Court Order State Held High Sec Code Prabhu Chawla Section 482 Remedy 482 Inherent Powers Prabhu Chawla Revisional Remedy Section 482 Of The  powers  inherent  does  hc  remedy  v  prabhu  sec  invocation  court  482  revisional  order  high  held  state  read  chawla

History of this topic

Supreme Court Weekly Round-up: February 17, 2025 To February 23, 2025
Trending News
1 month ago

Supreme Court Weekly Round-up: February 17, 2025 To February 23, 2025

Live Law  

Nominal Index Citations Public Information Officer and Registrar & Anr v. Onkar Dattatray Kalmankar & Anr.| Special Leave To Appeal No. To the contrary, such an information must be disclosed in order to maintain transparency in the process.” Case Details: Tapas Kumar Palit v. State of Chhattisgarh Citation: 2025 Livelaw 211 “Howsoever serious a crime may be, the accused has …

Supreme Court Weekly Round-up: February 17, 2025 To February 23, 2025
Trending News
1 month ago

Supreme Court Weekly Round-up: February 17, 2025 To February 23, 2025

Live Law  

Nominal Index Citations Public Information Officer and Registrar & Anr v. Onkar Dattatray Kalmankar & Anr.| Special Leave To Appeal No. To the contrary, such an information must be disclosed in order to maintain transparency in the process.” Case Details: Tapas Kumar Palit v. State of Chhattisgarh Citation: 2025 Livelaw 211 “Howsoever serious a crime may be, the accused has …

Punjab & Haryana High Court Weekly Round-Up [February 10-16, 2025]
1 month, 1 week ago

Punjab & Haryana High Court Weekly Round-Up [February 10-16, 2025]

Live Law  

Nominal Index RENU SHARMA AND ORS v. HARYANA PUBLIC SERVICE COMMISSION 2024 LiveLaw 62RAMAN @ SONU v. STATE OF PUNJAB 2025 LiveLaw 63 Aaditya Sharma v. State of Punjab 2025 LiveLaw 64Amandeep Singh v. Preet Industries and Anr. 2025 LiveLaw 65 Dhanna Ram v. State of Haryana Citation: 2025 LiveLaw 66 Ravisan and others v. State of Punjab and others …

Delhi High Court Weekly Round-Up: February 10 To February 16, 2025
1 month, 2 weeks ago

Delhi High Court Weekly Round-Up: February 10 To February 16, 2025

Live Law  

Citations 2025 LiveLaw 153 to 2024 LiveLaw 189NOMINAL INDEXRENUKA KULKARNI & ORS v. STATE and other connected matter 2025 LiveLaw 153 SIR RATAN TATA TRUST & ANR v. DR. RAJAT SHRIVASTAVA & ORS. The alleged consensual nature of the relationship is, therefore, prima facie irrelevant for the purpose of prosecution under the POCSO Act.” No Unfettered Right To Cross-Examine Person …

Supreme Court Weekly Round-up: February 03, 2025 To February 09, 2025
1 month, 2 weeks ago

Supreme Court Weekly Round-up: February 03, 2025 To February 09, 2025

Live Law  

Nominal Index Citations Rimpa Saha v. District Primary School Council Malda 2025 LiveLaw 143 Lok Prahari through its General Secretary v. Union of India 2025 LiveLaw 144 Rajeev Suri v. Archaeological Survey of India & Ors., Special Leave to Appeal No.12213/2019 2025 LiveLaw 145 State of Madhya Pradesh v. Dileep 2025 LiveLaw 146 Bhupinder Singh v. Unitech Ltd., Civil Appeal …

Supreme Court Monthly Round-up: January 2025
Trending News
1 month, 3 weeks ago

Supreme Court Monthly Round-up: January 2025

Live Law  

Nominal Index Citations M/S Naresh Potteries v. M/S Aarti Industries and Anr., SLP No. Case Details: Mahesh Singh Banzara v. State of Madhya Pradesh Citation: 2025 LiveLaw 28 The Supreme Court observed that the right to appeal against a conviction is a statutory right granted to the accused under Section 374 of the Cr.P.C., and a properly explained delay in …

Supreme Court Monthly Round-up: January 2025
Trending News
1 month, 3 weeks ago

Supreme Court Monthly Round-up: January 2025

Live Law  

Nominal Index Citations M/S Naresh Potteries v. M/S Aarti Industries and Anr., SLP No. Case Details: Mahesh Singh Banzara v. State of Madhya Pradesh Citation: 2025 LiveLaw 28 The Supreme Court observed that the right to appeal against a conviction is a statutory right granted to the accused under Section 374 of the Cr.P.C., and a properly explained delay in …

Supreme Court Annual Digest 2024: Service Law
1 month, 4 weeks ago

Supreme Court Annual Digest 2024: Service Law

Live Law  

SERVICE LAWS - SUPREME COURT ANNUAL DIGEST 2024 Administration Constitution of India - Article 16, 16 and 335 - Efficiency of Administration - Article 335 does not limit sub-classification; rather, it reinforces the importance of inclusion and equality in public services in line with Article 16. Indian Council of Agricultural Research v. Rajinder Singh, 2024 LiveLaw 611 : AIR 2024 …

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates
2 months, 2 weeks ago

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition. The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against …

Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal
2 months, 3 weeks ago

Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal

Live Law  

Rajasthan High Court set aside conviction and sentence in a cheque dishonour case in light of settlement reached between the parties while imposing a cost of 15% of the cheque value on the petitioner since the compromise was reached at after rejection of appeal filed by the convict and pending revision petition. The bench of Justice Manoj Kumar Garg was …

Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court
2 months, 3 weeks ago

Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court

Live Law  

The Delhi High Court has made it clear that a Commissioner under the Central Goods and Services Tax Act 2017 cannot, in purported exercise of its powers under Section 107, sit in appeal over an order passed by the Appellate Authority. A division bench of Justices Yashwant Varma and Dharmesh Sharma ruled, “The Commissioner, while seeking to review an order …

CONSUMER CASES WEEKLY ROUND UP: DECEMBER 16 – DECEMBER 22
3 months, 1 week ago

CONSUMER CASES WEEKLY ROUND UP: DECEMBER 16 – DECEMBER 22

Live Law  

National Consumer Disputes Redressal Commission Insured Cannot Assume Obligation On Part Of Bank To Renew Policy: NCDRC Case Title: State Bank of India Vs. R. Vishwanatha Pai Case Number: R.P. Haryana Consumer Disputes Redressal Commission Haryana State Commission Holds Ansal Properties Liable For Delay In Possession, Orders Refund And Compensation Case title: Mrs. Neeru Bala Mahendru vs Ansal Properties & …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
3 months, 3 weeks ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

Supreme Court Monthly Round-up: November 2024
3 months, 4 weeks ago

Supreme Court Monthly Round-up: November 2024

Live Law  

Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: Nabha Power Ltd and another v. Punjab State Power Corporation Ltd. Citation: 2024 LiveLaw 861 The Supreme Court held that a press release issued by the Government of India about certain changes in the mega power policy did not constitute 'law' and 'change in law' in terms …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
3 months, 4 weeks ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024
Trending News
4 months, 2 weeks ago

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024

Live Law  

Nominal Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: International Seaport Dredging Pvt Ltd v. Kamarajar Port Limited, Civil Appeal No 12097 of 2024 Citation: 2024 LiveLaw 852 The Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the arbitral award amount as a …

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024
Trending News
4 months, 2 weeks ago

Supreme Court Weekly Round-up: November 4, 2024 To November 10, 2024

Live Law  

Nominal Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: International Seaport Dredging Pvt Ltd v. Kamarajar Port Limited, Civil Appeal No 12097 of 2024 Citation: 2024 LiveLaw 852 The Supreme Court disapproved of a High Court's decision to exempt a government entity from depositing other amounts in addition to the arbitral award amount as a …

Himachal Pradesh High Court Weekly Round-Up: August 19 - August 25, 2024
7 months ago

Himachal Pradesh High Court Weekly Round-Up: August 19 - August 25, 2024

Live Law  

Nominal Index : Shehwaz Khan State of H.P and Anr. 2024 LiveLaw 48 Sumit Khanna and another Versus Kanchan Sunil Adani and others 2024 LiveLaw 49 Mohan Singh & others Versus State of Himachal Pradesh & Anr 2024 LiveLaw 50 Satvir Singh Vs Rajesh Pathania 2024 LiveLaw 51 Judgments/Orders: Legislature Has Prohibited Instantaneous & Irrevocable Divorce, Other Forms Of Talaq …

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

Second Criminal Revision Petition By Same Person Is Barred But High Court Can Entertain Such Plea U/S 482 CrPC: Punjab & Haryana High Court
9 months ago

Second Criminal Revision Petition By Same Person Is Barred But High Court Can Entertain Such Plea U/S 482 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that the second criminal revision petition by the same person is barred under the Criminal Procedure Code but the High Court can entertain such plea by exercising inherent jurisdiction under Section 482 CrPC.Justice Sumeet Goel observed, "A second criminal revision petition filed by the same person is barred in view of statutory …

Delhi High Court Weekly Round-Up: May 13 To May 19, 2024
10 months, 1 week ago

Delhi High Court Weekly Round-Up: May 13 To May 19, 2024

Live Law  

Citations 2024 LiveLaw 580 to 2024 LiveLaw 604NOMINAL INDEXANJALI COLLEGE OF PHARMACY AND SCIENCE THROUGH ITS FOUNDER -CUM-CHAIRMAN DEVENDRA GUPTA v. DR. MONTU M. PATEL PRESIDENT PHARMACY COUNCIL OF INDIA & ANR. Salasar Synthetics 2024 LiveLaw 593 Tipping Mr Pink Private Limited Vs Tipping Mr Pink Private Limited 2024 LiveLaw 594 Deepak Maurya Vs Saraswathi Supari Processing Unit & Ors …

Punjab & Haryana High Court Weekly Round-Up: May 6 – May 12, 2024
10 months, 2 weeks ago

Punjab & Haryana High Court Weekly Round-Up: May 6 – May 12, 2024

Live Law  

Nominal Index Neeraj Bhardhwaj v. State of Haryana & Ors. Citation: 2024 LiveLaw 150 Bhupinder Singh Hooda v. State of Haryana and others Citation: 2024 LiveLaw 151 Vijender v. State of Haryana Citation: 2024 LiveLaw 152 Reports 'Can Only Imagine Plight Of Students Being Taught By Unqualified Persons': Punjab & Haryana HC Calls For Action Against Profs Without Minimum UGC …

The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate
11 months, 3 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 …

Supreme Court Weekly Round-Up(23rd-29th October)
1 year, 4 months ago

Supreme Court Weekly Round-Up(23rd-29th October)

Live Law  

Nominal Index Tottempudi Salalith v State Bank Of India 2023 LiveLaw 914 M/S Unibros v. All India Radio, 2023 LiveLaw 918 Debasish Paul v. Amal Boral, 2023 LiveLaw 919 Mumtaz Yarud Dowla Waqf v. M/S Badam Balakrishna Hotel Pvt Ltd. 2023 LiveLaw 920 Manmohan Gopal v. State Of Chhattisgarh, 2023 LiveLaw 921 Ambalal Parihar v. State of Rajasthan and ors, …

Delhi High Court Weekly Round-Up: October 16 To October 22, 2023
1 year, 5 months ago

Delhi High Court Weekly Round-Up: October 16 To October 22, 2023

Live Law  

Citations 2023 LiveLaw 969 to 2023 LiveLaw 1016NOMINAL INDEXNATIONAL FEDERATION OF THE BLIND v. KENDRIYA VIDVALAYA SANGTHAN & ORS. Citation: 2023 LiveLaw 1002 The Delhi High Court has granted a permanent injunction in favor of Himalaya Wellness Company, while decreeing a suit against defendants’ adoption of its trademarks and trade dress. Confusion In Health & Wellness Products Must Be Avoided: …

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court
1 year, 5 months ago

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court

Live Law  

Madhya Pradesh High Court has reiterated that the scope of revisional jurisdiction wielded by the High Court under Section 401 CrPC is limited and it cannot be put to use for reversing the conclusions reached by the courts below. Adding to this, the single-judge bench of Justice Prem Narayan Singh sitting at Indore also noted that the High Court cannot …

Recourse To Section 34(4) Of The A&C Act Can Only Be Taken For Curable Defects, Courts Cannot Allow The Tribunal To Either Review Or Reconsider The Award: Delhi High Court
1 year, 7 months ago

Recourse To Section 34(4) Of The A&C Act Can Only Be Taken For Curable Defects, Courts Cannot Allow The Tribunal To Either Review Or Reconsider The Award: Delhi High Court

Live Law  

The High Court of Delhi has held that the recourse to Section 34 of the A&C Act, that grants courts the authority to remit an arbitral award to the Arbitral Tribunal, can only be taken for correcting the curable defects such as filling the gaps in reasoning, correct typographical and arithmetical errors and not to allow the tribunal to do …

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court
1 year, 9 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 …

Order Passed Under Section 11 Of The Arbitration And Conciliation Act Cannot Be Reviewed: Calcutta High Court
2 years, 1 month ago

Order Passed Under Section 11 Of The Arbitration And Conciliation Act Cannot Be Reviewed: Calcutta High Court

Live Law  

The High Court of Calcutta that the A&C Act is a complete code in itself and it does not contain any provision for the review of an order passed under Section 11 of the Act. The Bench of Justice Shekhar B. Saraf held that power of review is a creature of statute and unlike the Supreme Court which has inherent …

Supreme Court Annual Digest 2022-Practice & Procedure
2 years, 1 month ago

Supreme Court Annual Digest 2022-Practice & Procedure

Live Law  

Practice & Procedure - Party having the right of consideration of appeal does not have any corresponding right to insist for consideration of the appeal by a forum which is no longer in existence. Indrajeet Yadav v. Santosh Singh, 2022 LiveLaw 386 : AIR 2022 SC 1941 Practice and Procedure - Appeal against Gujarat HC order in a dispute between …

Delhi High Court Monthly Digest: December 2022 [Citations 1135 - 1215]
2 years, 3 months ago

Delhi High Court Monthly Digest: December 2022 [Citations 1135 - 1215]

Live Law  

Citations 2022 LiveLaw 1135 TO 2022 LiveLaw 1215NOMINAL INDEXSOCIAL JURIST, A CIVIL RIGHTS GROUP v. KENDRIYA VIDYALAYA SANGATHAN & ANR. 2022 LiveLaw 1135JUSTICE FOR ALL v. HONBLE LG OF DELHI AND ORS 2022 LiveLaw 1136Web Overseas Limited versus Universal Industrial Plants Manufacturing Company Private Limited 2022 LiveLaw 1137INSOLVENCY AND BANKRUPTCY BOARD. 2022 LiveLaw 1135 JUSTICE FOR ALL v. HONBLE LG …

Judicial Service Examination- Questions Based On Latest Supreme Court Judgements
2 years, 3 months ago

Judicial Service Examination- Questions Based On Latest Supreme Court Judgements

Live Law  

In Sukhal Singh Khaira v. State of Punjab, the Supreme Court made some important observations with respect to Section 319, CrPC. In case of conflict between RERA and SARFAESI, the former would prevail c. Real Estate Regulatory Authority can entertain complaints by home buyers against the bank which took possession of a real estate project as a secured creditor d. …

Can Recall Section 11 A&C Act Order, If It Suffers From Patent And Manifest Error: Delhi High Court
2 years, 3 months ago

Can Recall Section 11 A&C Act Order, If It Suffers From Patent And Manifest Error: Delhi High Court

Live Law  

The Delhi High Court has ruled that the power exercised by the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 is not merely an administrative function but a judicial power, and that the Court does not cease to be a Court of Record while exercising power under Section 11. Thus, the bench of Justice Yashwant Varma …

Punjab & Haryana High Court Half Yearly Digest: January To June 2022
2 years, 6 months ago

Punjab & Haryana High Court Half Yearly Digest: January To June 2022

Live Law  

Nominal Index 1.Lovepreet Singh v. Haryana Public Service Commission and another 2022 LiveLaw 1 2.Amarjeet Singh @ Amar Singh v. National Investigation Agency 2022 LiveLaw 2 3.Mahidul Sheikh Vs. State of Haryana 2022 LiveLaw 3 4.Sukhwinder Kaur @ Rajvir Kaur v. State of Punjab 2022 LiveLaw 4 5.Sahil v. State of Haryana 2022 LiveLaw 5 6.Mun Mun Dutta v. State …

Punjab & Haryana High Court Weekly Round Up: 22 August To 28 August, 2022
2 years, 6 months ago

Punjab & Haryana High Court Weekly Round Up: 22 August To 28 August, 2022

Live Law  

Amit Kumar through his LR's mother Smt. Sushila Devi v. State of Haryana and another 2022 LiveLaw 237 Om Prakash Soni Vs State of Punjab and others, and connected matters 2022 LiveLaw 234 Vijay Kumar Setia Versus State Of Punjab And Others Rajpal Poultry Farm v. State of Haryana Judgments/Orders S.437 CrPC | Bail May Be Granted If Case Triable …

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court
2 years, 7 months ago

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court held that a petition under Section 482 CrPC is maintainable as the Court below was erroneous in passing orders under Section 451 CrPC to freeze amounts in petitioner's account which had no reasonable connection with any commission of an offence. The Court relied on the Supreme Court decision in Prabhu Chawla …

Gujarat High Court Weekly Round Up: August 1 - August 7, 2022
2 years, 7 months ago

Gujarat High Court Weekly Round Up: August 1 - August 7, 2022

Live Law  

NOMINAL INDEX Judgments/Orders of the week Cases Of Civil Nature Can Be 'Quashed' In Interest Of Justice: Gujarat High Court Reiterates Distinction B/w Sections 320 & 482 CrPC Case Title. S.173 CrPC | Power Of Further Investigation Available Upto "Pre-Trial Stage" & Not Beyond That: Gujarat High Court Case Title: Poonam Madha Parmar v. State Of Gujarat Citation: 2022 LiveLaw …

Powers U/S 482 CrPC To Be Exercised Sparingly, Particularly When Section 302 Is Involved: Gujarat High Court
2 years, 8 months ago

Powers U/S 482 CrPC To Be Exercised Sparingly, Particularly When Section 302 Is Involved: Gujarat High Court

Live Law  

Justice Niral R Mehta of the Gujarat High Court has declined to exercise its extraordinary jurisdiction under Section 482 of CrPC to quash the FIR particularly, when the offence of Sec 302 was involved. Ltd. vs. State of Maharashtra and other 'celebrated judgements' of the Supreme Court to conclude that the power of quashing FIR should be exercised sparingly, with …

Punjab & Haryana High Court Quarterly Digest: January To March 2022 [Citations 1-51]
2 years, 9 months ago

Punjab & Haryana High Court Quarterly Digest: January To March 2022 [Citations 1-51]

Live Law  

Nominal Index Lovepreet Singh v. Haryana Public Service Commission and another 2022 LiveLaw 1 Amarjeet Singh @ Amar Singh v. National Investigation Agency 2022 LiveLaw 2 Mahidul Sheikh Vs. State of Haryana 2022 LiveLaw 3 Sukhwinder Kaur @ Rajvir Kaur v. State of Punjab 2022 LiveLaw 4 Sahil v. State of Haryana 2022 LiveLaw 5 Mun Mun Dutta v. State …

Revisional Jurisdiction Is Not Meant To Test The Waters Of What Might Happen In The Trial: Delhi High Court
2 years, 10 months ago

Revisional Jurisdiction Is Not Meant To Test The Waters Of What Might Happen In The Trial: Delhi High Court

Live Law  

Delhi High Court recently observed that revisional jurisdiction is not meant to test the waters of what might happen in the trial. The observation came from Justice Chandra Dhari Singh who also said that the revisional Court has to consider the correctness, legality or propriety of any finding inter se an order and as to the regularity of the proceedings …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 11 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

Delhi High Court Weekly Roundup: March 28 To April 3, 2022
2 years, 11 months ago

Delhi High Court Weekly Roundup: March 28 To April 3, 2022

Live Law  

CITATIONS 2022 LiveLaw 242 TO 2022 LiveLaw 265 NOMINAL INDEX MOHD ARIF & ORS. Citation: 2022 LiveLaw 249 The Delhi High Court has granted permanent injunction against 'ANINEWSINDIA' in a trademark infringement suit filed by news agency 'ANI'. Delhi High Court Refuses Interim Injunction In Trademark Infringement Suit By Mankind Pharma Against RTPCR Testing Kit 'OMISURE' Case Title: MANKIND PHARMA …

Delhi High Court Weekly Roundup: March 14 To March 20, 2022
3 years ago

Delhi High Court Weekly Roundup: March 14 To March 20, 2022

Live Law  

CITATIONS 2022 LiveLaw 202 TO 2022 LiveLaw 213NOMINAL INDEXJIVANLAL JOITARAM PATEL v. NATIONAL HIGHWAYS AUTHORITY OF INDIA 2022 LiveLaw 202Mrs. Arbitral Fee Under Fourth Schedule Based On Aggregate Value Of Claim & Counter-Claim : Delhi High Court Case Title: JIVANLAL JOITARAM PATEL v. NATIONAL HIGHWAYS AUTHORITY OF INDIA Citation: 2022 LiveLaw 202 The Delhi High Court has observed that 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 …

Scope And Ambit Of Powers Of Court Under Section 319 CrPC: Supreme Court Summarizes Principles
3 years, 7 months ago

Scope And Ambit Of Powers Of Court Under Section 319 CrPC: Supreme Court Summarizes Principles

Live Law  

The Supreme Court, in a judgment delivered on Tuesday, summarized the scope and ambit of the powers of the Court under Section 319 of the Code of Criminal Procedure.Even in a case where the stage of giving opportunity to the complainant to file a protest petition urging upon the trial Court to summon other persons as well as who were …

[Section 372 CrPC] Appeal Filed By Victim Seeking Enhancement Of Sentence Not Maintainable: SC [Read Judgment]
4 years, 7 months ago

[Section 372 CrPC] Appeal Filed By Victim Seeking Enhancement Of Sentence Not Maintainable: SC [Read Judgment]

Live Law  

The Supreme Court has held no appeal can be maintained by victim under Section 372 of the Code of Criminal Procedure on the ground of inadequate sentence.The bench comprising Justices Ashok Bhushan and R. Subhash Reddy observed thus while upholding the Delhi High Court judgment which dismissed the appeal filed by a victim under Section 372 CrPC seeking enhancement of …

"High Court Cannot Exercise Power Under Section 482 CrPC When There Exists A Remedy Of Statutory Appeal Under Section 29 Of Domestic Violence Act": Delhi HC [Read Judgment]
4 years, 8 months ago

"High Court Cannot Exercise Power Under Section 482 CrPC When There Exists A Remedy Of Statutory Appeal Under Section 29 Of Domestic Violence Act": Delhi HC [Read Judgment]

Live Law  

A single judge Bench of the Delhi High Court, last week, held that High Court cannot entertain the petition in its extraordinary power under Section 482 Cr.PC, given the fact that there is a clear remedy of Appeal under Section 29 of the Protection of Women against Domestic Violence Act. "Preliminary objection of the Respondent has given rise to a …

Section 482 Cr.P.C :Recent Supreme Court Judgments
5 years, 9 months ago

Section 482 Cr.P.C :Recent Supreme Court Judgments

Live Law  

Petition For Quashing FIR Can Be Entertained Even If Charge sheet Is Filed During Its PendencyIn Anand Kumar Mohatta vs State Supreme Court held that High Courts can entertain a petition filed under Section 482 CrPC seeking quashing of FIR, even if the charge sheet is filed during the pendency of that petition. Petition For Quashing FIR Can Be Entertained …

Scope Of Article 226 Of The Constitution Of India: Important Judgments [Part-2]
5 years, 10 months ago

Scope Of Article 226 Of The Constitution Of India: Important Judgments [Part-2]

Live Law  

It was held that: Where the State behaves arbitrarily, even in the realm of contract, the High Court can interfere under Article 226 of the Constitution of India, 1950. " It was held that: In the matter of: Cicily Kallarackal V/s Vehicle Factory, 8 SCC 524, it was observed that: "… learned counsel for the petitioner is right that the …

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