Settlement demand extortion or negotiation? Bombay HC quashes FIR over demand of ₹25 lakh each by flat purchasers
The Court held that an exorbitant settlement demand, without an intentional threat or fear of injury, does not attract Section 385 IPC.
inherent powers
Wife Left at Parental Home Is Not Dowry Harassment: Himachal Pradesh HC Quashes S. 498-A FIR After Mutual Divorce
“Where a criminal proceeding is manifestly attended with mala fide or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge, the High Court while exercising its inherent power can proceed to quash the proceedings.”
“Not a single whisper of force”: Bombay HC Quashes POCSO Case After Accused Marries Minor Prosecutrix, Now 7 Months Pregnant
“There was not a single whisper that the accused forced the prosecutrix or threatened her or had sexual intercourse on false promise of marriage. Though the victim was minor, she did not have any problem in staying with the accused and his family. Therefore, the Court held that the criminal proceedings would cause injustice.”
No Scope for inherent powers to interfere with interim orders passed under DV Act without manifest illegality: Kerala High Court
“As far as the present case is concerned, the interim order passed by the Magistrate cannot be said to be gross illegality or irregularity. The petitioner could very well approach the same court seeking order, modifying or vacating the aforesaid order if there are sufficient reasons. That apart, appeal is provided under Section 29 of the PWDV Act against the aforesaid order”
Unlawful religious conversion and rape are non-compoundable offences; proceedings cannot be quashed based on settlement between parties: Allahabad HC
“Any compromise or settlement with respect to the offence of rape, against the honour of a woman, which shakes the very core of her life and tantamounts to a serious blow to her supreme honour, offending both, her esteem and dignity, is not acceptable to this Court.”
Supreme Court invokes Article 142 to aid Dalit student’s IIT fee issue; Grants admission to original allotment batch
Supreme Court acknowledged that the petitioner’s admission had been delayed through no fault of his own. It requested the Director of IIT Dhanbad to utilize his good offices to facilitate the petitioner’s ability to complete the coursework for the time already elapse.
SC upholds Karnataka HC order quashing proceedings against man accused of rape on false promise to marry due to inconsistent Prosecutrix testimonies
Supreme Court: In a criminal appeal filed against the order passed by the Karnataka High Court, wherein the Court allowed the petition
Registry cannot decide whether dismissed review petition merited relook through curative jurisdiction: Supreme Court
Supreme Court highlighted that the provision for filing curative petitions was incorporated in Order XLVIII of the 2013 Rules.
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††
Can an ex parte order be recalled by a necessary party that is a non-party to the case? Allahabad High Court answers
Apart from the statutory power of recall of an ex parte order conferred under the first proviso to Section 209 U.P. Revenue Code, 2006, every Court or Tribunal would have an inherent power to recall an ex parte order to secure the ends of justice.
Inherent powers of High Court are well defined: Allahabad High Court refuses to quash case against man accused of posting Lord Hanuman’s disrespectable picture
Allahabad High Court reiterated that at the stage of taking cognizance, the Court should not get in the merits of the case, and at such stage, the Court’s power is limited.
Allahabad High Court upholds orders passed by Sultanpur Court refusing Delhi CM Arvind Kejriwal’s application to quash criminal proceedings for making derogatory remarks against BJP and Congress
If during course of investigation some credible evidence have been collected, charge sheet has been filed, cognizance has been taken, discharge application has been rejected by the Trial Court by speaking and reasoned order and that order has been upheld by the Revisional Court, by a speaking and reasoned order, then Arvind Kejriwal must participate in the trial proceedings.
Power to recall orders not to be exercised when ground for vacating the judgment was available but not availed; Delhi High Court dismisses application for recall of order
The Delhi High Court dismissed an application filed for “recall of earlier order” under Section 151 of CrPC and held that the settled things could not be permitted to be unsettled at the behest of a person who had not been careful enough with regard to his rights and claims.
Love affair traversed beyond the legal and moral bounds; Rajasthan High Court quashes Rape and POCSO case against the 22-year-old
Rajasthan High Court: The Court exercising its inherent powers under Section 482 of Criminal Procedure Code (Code), quashed the First
J&K and Ladakh HC refuses to quash FIRs against the media outlet Kashmiryat and Kashmir Walla for publishing an article alleging use of force by the Army for celebrating Republic Day at a school
“The High Court, while forming an opinion whether a criminal proceeding or complaint or FIR should be quashed in exercise of its jurisdiction under Section 482 CrPC, must evaluate whether the ends of justice would justify the exercise of the inherent power”
Right to Information vis-a-vis Right to Privacy; SC invokes doctrine of ex debito justitiae to hear HDFC’s plea challenging RBI directions mandating disclosure of confidential & sensitive information
“If a man has been wronged, so long as the wrong lies within the human machinery of administration of justice, that wrong must be remedied.”
Does framing of charge means that accused is guilty or does it imply that accused may be guilty? Del HC elaborates
Delhi High Court: Expressing that, the revisional jurisdiction is not meant to test the waters of what might happen in the trial,
Is it proper to invoke S. 482 CrPC for quashing Magistrate’s order in a proceeding under S. 12 r/w S. 23 of Domestic Violence Act on the point of maintainability? Cal HC determines
Calcutta High Court: Bibek Chaudhari, J., considered the question as to whether Section 482 CrPC is applicable in relation to an application under
All HC | For offence of dishonour of cheques, what needs to be given priority – Compensatory aspect or Punitive aspect?
Allahabad High Court: Chandra Dhari Singh, J., expressed that, Merely because the litigation has reached a revisional stage or that even beyond
HP HC | Inherent powers under S. 482 CrPC is not inhibited by S. 320 CrPC and FIR as well as criminal proceedings can be quashed by exercising the same; HC reiterates
Himachal Pradesh High Court: Vivek Singh Thakur, J., while exercising powers under Section 482 CrPC, allows the present petition, stating, “… power