inherent jurisdiction Archives

High Courts inherent jurisdiction DV Act

Supreme Court | High Courts can quash proceedings under Section 12 of DV Act pending before Magistrate

“When it comes to exercise of power under Section 482 CrPC in relation to application under Section 12(1), the High Court has to keep in mind the fact that the DV Act, 2005 is a welfare legislation. Therefore, while exercising jurisdiction under Section 482 CrPC for quashing proceedings under Section 12(1), the High Court should be very slow and circumspect”.

Case Briefs High Courts

Rajasthan High Court dismisses plea to quash FIRs or consolidate investigation against Ex-MLA Pramod Jain Bhaya

“The law requires that for an allegation of malafide to be sustained, it must be pleaded with specificity and supported by material facts. In the absence of mens rea, or a demonstrable element of ill-intention, such a prayer cannot be entertained.”

Case Briefs High Courts

Compounding of the offences permitted under IT Act; Orissa HC refuses to exercise power under S. 482 for quashing proceedings under S. 276(B) of Income Tax Act

The Circular dated 17-10-2024 issued by the Central Board of Direct Taxe provides fresh guidelines for compounding of offences under the Income Tax Act.

Op Eds OP. ED.

Singapore Court’s Landmark Ruling: An Insight into Indian Courts’ Exercise of Inherent Powers UCO Bank v. Green Mint Pte. Ltd.: A case comment

by Sanjana Sachdev† and Sanskriti Sinha††

Case Briefs High Courts

We Dissent!: Here’s why 2 out of 5 judges ruled against Madras High Court’s original jurisdiction in child custody cases

Madras High Court: The five-judge bench of P.N. Prakash, N. Anand Venkatesh, R. Mahadevan, M. Sundar, A.A. Nakkiran, JJ. in a 3:2

Case Briefs High Courts

Madras High Court’s 3:2 verdict upholds its original jurisdiction in child custody cases; holds Mary Thomas to be a good law

Madras High Court: In a case relating to the issue of concurrent jurisdiction of the High Court over matters of child custody

Case Briefs High Courts

All HC | Does S. 125 CrPC provide a timeline for disposing of proceedings pertaining to interim maintenance? Read What HC says

Allahabad High Court: Dr Y.K. Srivastava, J., expressed while deciding the present application that: “Proceeding for interim maintenance, shall as far as

Case Briefs High Courts

All HC | While exercising inherent jurisdiction under S. 482 CrPC, can High Court make any comment on factual matrix of the case? Court answers

Allahabad High Court: Ram Krishna Gautam, J., held that as per Section 482 Criminal Procedure Code, 1973, while exercising the inherent jurisdiction, High

Case Briefs High Courts

Guj HC | High Court cannot exercise its inherent jurisdiction to quash the proceedings unless it is found that, allegations do not disclose the commission of cognizable offence

Gujarat High Court: Ilesh J. Vohra, J., heard a matter related to offences alleged under Sections 376 (2) (n), 377, 406, 498(A),

Case Briefs High Courts

Kar HC | Absolute protection to Judicial Officers under S. 3 (1) of Judges (Protection) Act; Suo-motu proceedings initiated to quash criminal complaint against Judicial Officer

Karnataka High Court initiated suo motu proceedings to quash criminal complaint against a Civil Judge, Ballari District. Absolute protection granted to Judicial

Case Briefs Foreign Courts

UK SC | Welfare of child is paramount consideration in a custody battle – Israeli nationals’ daughter allowed to be retained with her mother in England for child’s welfare

Supreme Court of the United Kingdom: A Full Bench of Lord Wilson, Lord Hodge, Lady Black, Lord Kitchin and Lord Sales upheld

Case Briefs High Courts

HP HC | Courts must have due regard to nature and gravity of the crime when dealing with compounding of offence through inherent powers

Himachal Pradesh High Court: Vivek Singh Thakur, J. contemplated a petition filed under Section 482 of CrPC, where the petitioner arrived at

Case Briefs High Courts

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

Case Briefs High Courts

Guj HC | Criminal proceeding can be quashed where allegations made in complaint do not disclose commission of an offence under Penal Code

Gujarat High Court: The Bench of A.P. Thaker, J., allowed the petition filed under Section 482 of the Criminal Procedure Code for