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1 - 10 of 12 (0.22 seconds)Article 142 in Constitution of India [Constitution]
Section 320 in The Code of Criminal Procedure, 1973 [Entire Act]
Sushil Suri vs C.B.I & Anr on 6 May, 2011
11. Hon'ble Apex Court in case of Sushil Suri vs. C.B.I.and
another, 2011 (5) SCC 708 again considered the case of Nikhil Merchant
(supra) and B.S. Joshi vs. State of Haryana, 2003 (4) SCC 675 and
observed in paras 20 and 21 as follows:-
B.S. Joshi & Ors vs State Of Haryana & Anr on 13 March, 2003
Similarly, in B.S. Joshi & Ors. (supra), which
has been relied upon in Nikhil Merchant (supra), the
question for consideration was whether the High Court
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in exercise of its inherent powers can quash criminal
proceedings or FIR or Complaint for offences which are
not compoundable under Section 320 of the Cr.P.C. It
was held that Section 320 cannot limit or affect the
powers of the High Court under Section 482 of the
Cr.P.C., a well settled proposition of law.
Zee Telefilms Ltd. & Anr vs Union Of India & Ors on 2 February, 2005
(See: Zee Telefilms Ltd. & Anr.
Vs. Union of India & Anr., (2005) 4 SCC 649).
Nikhil Merchant vs C.B.I. & Anr on 20 August, 2008
We are of the
opinion that Nikhil Merchant (supra) as also the other
two judgments relied upon on behalf of the appellant are
clearly distinguishable on facts. It needs little emphasis
that even one additional or different fact may make a
world of difference between the conclusions in two cases
and blindly placing reliance on a decision is never
proper. It is trite that while applying ratio, the Court
may not pick out a word or sentence from the judgment
divorced from the context in which the said question
arose for consideration.
State Tr.Insp.Of Police Cen.Crime ... vs R.Vasanthi Stanley &Amp Anr. on 15 September, 2015
12. Similar observation was also made by Hon'ble Apex Court in
case of State represented by Inspector of Police, Chennai vs. M/s Intek
Eng. & Ser. P. Ltd. and others, 2016 (2) RCR (Criminal) 357 and State
represented by Inspector of Police Central Crime Branch vs. R. Vasanthi
Stanley and another, 2016 (1) SCC 376.
Article 226 in Constitution of India [Constitution]
Haryana Financial Corporation & Anr vs M/S Jagdamba Oil Mills & Anr on 28 January, 2002
In this
regard, the following words of Lord Denning, quoted in
Haryana Financial Corporation & Anr. Vs. Jagdamba
Oil Mills & Anr., 2002 (1) RCR (Civil) 794; (2002) 3
SCC 496, are also quite apt: