Articles for Inherent Power

HC Can't Quash Cheque Dishonour Complaint Invoking S.482 CrPC When Complainant Hasn't Consented For Compounding: Supreme Court
3 months, 4 weeks ago

HC Can't Quash Cheque Dishonour Complaint Invoking S.482 CrPC When Complainant Hasn't Consented For Compounding: Supreme Court

Live Law  

The Supreme Court reiterated that dishonour of cheque cases can be compounded under Section 147 of the Negotiable Instruments Act only with the consent of a complainant. In the present case, the High Court had compounded the offence, even though the appellants/ complainant had not consented, by invoking its inherent power under Section 482 Cr.P.C. Act, in the absence of …

Consent High Court Court Power High Supreme Act
[S.151 CPC] Inherent Power Of Court To Do Justice Not Affected By Its Power To Recall Witnesses, Elicit Clarifications: J&K High Court
8 months, 1 week ago

[S.151 CPC] Inherent Power Of Court To Do Justice Not Affected By Its Power To Recall Witnesses, Elicit Clarifications: J&K High Court

Live Law  

Reiterating the importance of the inherent power of the court under Section 151 of the Civil Procedure Code to ensure a fair trial the Jammu and Kashmir and Ladakh High Court has held that the inherent power of the court is not affected by the express power conferred upon the court under Order 18 Rule 17 of the Code to …

Justice Trial Court Witnesses Power Order Cpc
The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate
8 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 …

Justice Court Criminal Litigant Indian Fundamental Rights Power
NCLT Has Inherent Power To Recall Order Approving Resolution Plan Which Is Not Submitted As Per IBC : Supreme Court
10 months, 1 week ago

NCLT Has Inherent Power To Recall Order Approving Resolution Plan Which Is Not Submitted As Per IBC : Supreme Court

Live Law  

The Supreme Court on Monday observed that the Adjudicating Authority i.e., NCLT under Insolvency and Bankruptcy Code, 2016 has the power to recall its order approving the resolution plan if the resolution plan is not submitted as per the mandate of the Code. The Resolution Applicant had preferred a recall application before the AA seeking recall of its order approving …

Supreme Court Court Resolution Power Application Order Recall
IBC: NCLAT Has No Power To Review Its Judgment, Rules NCLAT Five Member Bench
1 year, 6 months ago

IBC: NCLAT Has No Power To Review Its Judgment, Rules NCLAT Five Member Bench

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan, Justice Rakesh Kumar, Justice Rakesh Kumar Jain, Dr. Alok Srivastava and Mr. Barun Mitra while adjudicating an appeal filed in Union Bank of India Vs. Dinkar T. Venkatasubramanian & Ors., has held that the power of review is not conferred upon the NCLAT. Reliance was placed on …

Judgment Power Recall Review Tribunal Nclt Limited
Adjudicating Authority Can Invoke Inherent Powers To Replace The Liquidator: NCLAT
2 years, 2 months ago

Adjudicating Authority Can Invoke Inherent Powers To Replace The Liquidator: NCLAT

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan, Dr. Alok Srivastava and Mr. Barun Mitra, while adjudicating an appeal filed in Subrata Maity v Mr. Amit C. Poddar & Ors., has held that the Adjudicating Authority can invoke its inherent powers to replace the Liquidator and to do substantial justice. The Adjudicating Authority vide its …

Bench Nclat Authority Liquidator Appellant Replace Adjudicating
Supreme Court Half Yearly Complete Criminal Digest (January – June 2022)
2 years, 2 months ago

Supreme Court Half Yearly Complete Criminal Digest (January – June 2022)

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

India Rajasthan Karnataka Kerala Delhi Supreme Court High Court
Inherent Power U/Sec 151 CPC Can Be Invoked Only When Alternate Remedies Do Not Exist: Supreme Court
2 years, 4 months ago

Inherent Power U/Sec 151 CPC Can Be Invoked Only When Alternate Remedies Do Not Exist: Supreme Court

Live Law  

The Supreme Court observed that the inherent power under Section 151 of the Code of Civil Procedure can be invoked only in circumstances where alternate remedies do not exist. The High Court, on merits, held that the appellant had obtained the final decree by suppressing certain information and thus recalled the decree by exercising its powers under Section 151 CPC. …

Supreme Court Appeal Court Civil Procedure Party Power Suit
Supreme Court Half Yearly Digest 2022 - Code of Criminal Procedure 1973
2 years, 4 months ago

Supreme Court Half Yearly Digest 2022 - Code of Criminal Procedure 1973

Live Law  

Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that the written complaint …

India Rajasthan Karnataka Kerala Delhi Supreme Court High Court
Section 482 CrPC - High Court Can Recall Judgment/Order Which Was Passed Without Hearing A Person Prejudically Affected By It: Supreme Court
2 years, 4 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 …

Supreme Court High Court Judgment Court Criminal Criminal Procedure Power
Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)
2 years, 6 months ago

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

Law India Rajasthan Karnataka Tamil Nadu Odisha Delhi
Stay Of Second Suit- Court Can Suo Motu Excercise Power U/S 10 CPC, Filing Of Application Isn't Required: MP High Court
3 years, 1 month ago

Stay Of Second Suit- Court Can Suo Motu Excercise Power U/S 10 CPC, Filing Of Application Isn't Required: MP High Court

Live Law  

The Madhya Pradesh High Court on Friday ruled that for the purpose of the exercise of the power under Section 10 of the Code of Civil Procedure, an application is not required to be filed before the Court and the Court can, on its own, stay the second suit.The Bench of Justice Rajendra Kumar further observed that a court has …

Trial Court Civil Procedure Power Application Second Respondent
Order VII Rue 11 CPC: Court Has Inherent Power To See That Frivolous Or Vexatious Litigations Are Not Allowed To Consume Its Time: Supreme Court
3 years, 9 months ago

Order VII Rue 11 CPC: Court Has Inherent Power To See That Frivolous Or Vexatious Litigations Are Not Allowed To Consume Its Time: Supreme Court

Live Law  

The Supreme Court observed that the provisions of Order VII Rue 11 are not exhaustive and the Court has the inherent power to see that frivolous or vexatious litigations are not allowed to consume the time of the Court.In this case, the plaintiff filed a Civil Suit in the original side of the Madras High Court challenging a sale deed …

Court Power Order Agreement Attorney Suit Cpc