Search Results Page
Search Results
1 - 10 of 17 (0.32 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Ram Biraji Devi & Anr vs Umesh Kumar Singh & Anr on 11 May, 2006
Even considering that proposition which laid down by their Lordships in
the case of Trisuns Chemicals Industry v. Rajesh Agarwal (supra) their
Lordships in the case of Ram Biraji Devi v. Umesh Kumar Singh reported
in (2006) 6 Supreme Court Cases 669 held in paragraph 11 as under:
"11. There cannot be any disagreement to the wellsettled
proposition of law that the High Court should exercise its inherent
powers in extreme exceptions to quash an FIR or a complaint.
Trisuns Chemical Industry vs Rajesh Agarwal And Others C on 17 September, 1999
The
ratio as laid down in Trisuns Chemical Industry case is of no help
and assistance to the complainant in the facts and circumstances of
the present case. The complaint instituted does not disclose that an
offence under Section 420 is made out. Cognizance taken by the
Magistrate thereon against the appellants for offences under
Sections 406/419/420 and 120B IPC is clearly an abuse of the
process of court and interference by this Court is expedient in the
interest of justice. This is a case of extreme exception where the
High Court ought to have exercised its inherent jurisdiction and
power to set aside the unwarranted and unjustified order of the
Magistrate impugned before it by the appellants."
Section 17 in The Indian Contract Act, 1872 [Entire Act]
All Cargo Movers (I) Pvt. Ltd. & Ors vs Dhanesh Badarmal Jain & Anr on 12 October, 2007
17. If a criminal proceeding initiated only to cause harassment to
accused and continuance thereof would amount to abuse of process of
13
court, such criminal prosecution should not be allowed to be continued
and the liberty of a citizen cannot be curtailed. They should not be given
to the hands of the police for harassment under the garb of investigation.
Considering all these aspects and the discussions made above, Dhanbad
(Bank More) P.S. Case No. 621 of 2012 dated 20.06.2012 corresponding to
G.R. Case No.2456 of 2012 and the criminal proceeding relating to said
case pending in the Court of learned Chief Judicial Magistrate, Dhanbad
stands quashed. Since Title Suit No.104 of 2008 relating to the subject
land is subjudice in Court below, any observation made in this order shall
not cause prejudice to any party and the Court shall not feel influenced in
disposal of said title suit. Accordingly, this writ petition stands allowed.
State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990
18. It is neither feasible nor practicable to lay down
exhaustively as to on what ground the jurisdiction of the High
Court under Section 482 of the Code of Criminal Procedure should
be exercised, but some attempts have been made in that behalf in
some of the decisions of this Court as for example State of Haryana
v. Bhajan Lal, Janata Dal v. H.S. Chowdhary, Rupan Deol Bajaj v.
Kanwar Pal Singh Gill and Indian Oil Corpn. v. NEPC India Ltd.
Janata Dal vs H.S. Chowdhary And Ors. on 28 August, 1992
18. It is neither feasible nor practicable to lay down
exhaustively as to on what ground the jurisdiction of the High
Court under Section 482 of the Code of Criminal Procedure should
be exercised, but some attempts have been made in that behalf in
some of the decisions of this Court as for example State of Haryana
v. Bhajan Lal, Janata Dal v. H.S. Chowdhary, Rupan Deol Bajaj v.
Kanwar Pal Singh Gill and Indian Oil Corpn. v. NEPC India Ltd.
Mrs. Rupan Deol Bajaj & Anr vs Kanwar Pal Singh Gill & Anr on 12 October, 1995
18. It is neither feasible nor practicable to lay down
exhaustively as to on what ground the jurisdiction of the High
Court under Section 482 of the Code of Criminal Procedure should
be exercised, but some attempts have been made in that behalf in
some of the decisions of this Court as for example State of Haryana
v. Bhajan Lal, Janata Dal v. H.S. Chowdhary, Rupan Deol Bajaj v.
Kanwar Pal Singh Gill and Indian Oil Corpn. v. NEPC India Ltd.
M/S Indian Oil Corporation vs M/S Nepc India Ltd., & Ors on 20 July, 2006
18. It is neither feasible nor practicable to lay down
exhaustively as to on what ground the jurisdiction of the High
Court under Section 482 of the Code of Criminal Procedure should
be exercised, but some attempts have been made in that behalf in
some of the decisions of this Court as for example State of Haryana
v. Bhajan Lal, Janata Dal v. H.S. Chowdhary, Rupan Deol Bajaj v.
Kanwar Pal Singh Gill and Indian Oil Corpn. v. NEPC India Ltd.