Inherent power of high court. Inherent Powers of High Court 2019-01-13

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Inherent Powers of High Court

inherent power of high court

Sections 148-153A bestow the courts with very wide and extensive powers to minimize litigation, avoid multiplicity of proceedings and render full and complete justice between the parties before them. Section 561- A in the Old Code was added by the Code of Criminal Procedure Amendment Act of 1923 as it was felt that the High Courts were unable to render complete justice even if, in a given case, the illegality was palpable and apparent. Court has not issued direction to Official Receiver after Dismissal of main petition dated 28. Madhavrao Jiwajirao Scindia and ors. A matter pending in a Court under the jurisdiction of another High Court cannot be quashed by the Kerala High Court in exercise of its inherent power under Section 482 Cr. The test is whether the allegations in the complaint disclose a criminal offence or not.

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S. 482 CrPC

inherent power of high court

This is to meet the ends of justice and equity in cases where provisions of law are not explicit or applicable. But some attempts have been made in that behalf in some of the decisions of this Court. No order of Court is necessary. Inherent powers are inherent in the High Court Division itself. C of the various proceedings the inherent powers of the High Courts have been saved.

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S. 482 CrPC

inherent power of high court

It has been categorically declared by the Supreme Court that the subordinate Courts do not have inherent powers. So, such consequential situation should not, however, be treated as a carte blanche to grant any relief. Kanhayalal Bhargava, the appellant contended that during the pendency of the first suit, certain subsequent events had taken place due to which the first was not fruitful and in law the said suit could not be kept pending and continued solely for the purpose of continuing an interim order made in the said suit. In our legal system, every court is composed for the purpose of serving justice to the people. It allows the Court to freely exercise its discretionary functions without any unreasonable interference. A divorce petition was filed by Appellant in 2001, which was granted ex parte.

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Inherent Powers of the High Court under Cr.P.C.

inherent power of high court

Kapil Chandna Advocate Supreme Court of India. These powers are wide but have to exercise judicially by the courts. Though, this power of the court is not unduly far-reaching and unrestricted. The criticism of judges and magistrate should not travel beyond the record 3. In exercise of the powers court would be justified to quash any proceeding if it finds that initiation or continuance of it amounts to abuse of the process of Court or quashing of these proceedings would otherwise serve the ends of justice.

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Inherent Powers of High Court

inherent power of high court

State of Maharashtra, an interlocutory order was passed by a Court subordinate to the High Court against which Revision Petition was filed. These powers are available only to the High Court for reasons philosophical, historical and practical. But it only lays the situations where it can be exercised. While examining the question the Supreme Court was to consider whether the court can take cognizance of a subsequent event to decide whether the pending suit should be disposed or not. If there are specific provision of the C. However, if the court finds that there is no specific provision dealing with a particular issue it has inherent powers to pass orders which serve justice.

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S. 482 CrPC

inherent power of high court

Conditions of Inherent Power; 1. Such power though unrestricted and undefined should not be capriciously or arbitrarily exercised, but should be exercised in appropriate cases, ex debito justitiae to do real and substantial justice for the administration of which alone the courts exist. The court also cannot ignore the provisions of law of limitations by appealing to this section. Though, one cannot rule out the fact that the same inherent powers can be exercised ex debitojustitae only in the absence of express provisions in the code. Restoration of Money Suit— Bahadur Pradhani v. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. The inherent power of High Court comes into operation when any person is aggrieved by order of any subordinate court.


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Inherent Power of Courts

inherent power of high court

In the end it would be palpable to say that powers necessary to do right and undo wrong in the course of the administration of justice constitute an inherent power of the court. When There Are Specific Provisions In The Code In the case of it has been held that the inherent jurisdiction of the court to make orders ex debito justitiae is undoubtedly affirmed by S. Ø It is true that O. That it should be exercised very sparingly to prevent abuse of process of any court or otherwise to secure the ends of justice; 3. These powers are partly administrative and partly judicial. Facts showing that the accused himself was responsible for the long delay in concluding the trial. The following principles in relation to the exercise of the inherent power of the High Court have been followed ordinarily and generally, almost invariably, barring a few exceptions: 1.

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Inherent Powers of the High Court under section 482 of Code of Criminal Procedure

inherent power of high court

Under the Indian judiciary, a codified statute such as the Code of Civil Procedure aims at making the judicial process uniform and unbiased. According to appellants, complainant remarried subsequently. To prevent the abuse of the process of any court i. In the said petition there was no allegation of any collusion and deliberate delay on part of investigation agency. The power of the court is discretionary and must be exercised only in the interest of justice.

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