violates even minimum standards of due process of law. It
is inherent in the concept of due process of law, that condemnation
should be rendered ... farce and presence. Since the fair hearing
requires an opportunity to preserve the process, it may be vitiated and
violated by an overhasty stage-managed
Seema Devi vs State Of U.P. & 3 Others on 24 September, 2018
Equivalent
criminal proceedings should be exercised ex debito justitiae to
prevent abuse of process of court but it should not be exercised
to stifle legitimate prosecution ... following propositions :
(i) Section 482 preserves the inherent powers
of the High Court to prevent an abuse of the process
of any court
otherwise in the interest of justice or to prevent abuse of process of Court.
I am not inclined to attach fetters to the exercise ... intervene, at any stage, in appropriate circumstances, on well settled principles, to preserve an innocent citizen's personal liberty, the Court
following propositions:
(i) Section 482 preserves the inherent powers of
the High Court to prevent an abuse of the
process of any court ... justice. The provision does not confer new
powers. It only recognises and preserves powers
which inhere in the High Court
C.Hindumathi vs The State Of Ap., on 11 September, 2018
IN THE HIGH COURT
justice or to prevent abuse
of process of Court as this power is always preserved to
the High Court under the Code. It was also
follows: -
i. "Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court ... justice. The provision does not confer new powers. It only recognizes and preserves powers which inhere in the High Court.
ii. The invocation
following propositions :
16.1 Section 482 preserves the inherent powers of the High
Court to prevent an abuse of the process of any court ... justice. The provision does not confer
new powers. It only recognises and preserves powers
which inhere in the High Court.
Crl. M.C. 2757/2018
Swapnil Tripathi vs Supreme Court Of India on 26 September, 2018
Equivalent citations: AIR 2018
