Search results for ‘judicial process

When the Order  of the Magistrate issuing process against the accused can be quashed or set aside

Online Law Library

The Magistrate has been given an undoubted discretion in the matter and the discretion has to be judicially exercised by him. Once the Magistrate has exercised his discretion it is not for the High Court or even the Supreme Court, to substitute its own discretion for that of the Magistrate or to examine the case on merits with a view to find out whether or not the allegations in the complaint, if proved, would ultimately end in conviction of the accused. These considerations are totally foreign to the scope and ambit of an inquiry u/s 202 which culminates into an order u/s 204.

Judicial power

Griffith, C. J., in an Australian case, namely, Huddart Parker and Co. v. Moorehead which to some extent neutralised the effect of the negative tests enumerated in the judgment. The observations of […]

Judicially separation

The expression ‘judicially separated’ consists of two expressions i.e., “separated” and the others “judicially”. Separation may bepermanent by complete breaking of the ties or it may be provisional or temporary that is […]

Non-availability of express provision Civil courts can pass necessary orders for ends of justice, or to prevent abuse of process of Court

Manohar Lal Chopra Versus Rai Bahadur Rao Raja Seth Hiralal-Inherent jurisdiction of the court to make orders ex debito justitiae is undoubtedly affirmed by S. 151 of the Code, but that jurisdiction cannot be exercised so as to nullify the provisions of the Code. Where the Code deals expressly with a particular matter, the provision should normally be regarded as exhaustive.