By her Judgment dated 13/09/2019, Hon’ble Justice Madhumati Mitra of Calcutta High Court held the following while withdrew interim protection : A conjoint reading of Section 160 and 161 of the Code […]
Inherent powers are to be exercised by Court in very exceptional circumstances, for which the Code lays down no procedure
The civil courts are authorised to pass such orders as may be necessary for the ends of justice, or to prevent abuse of the process of court, but where an express provision is made to meet a particular situation the Code must be observed, and departure therefrom is not permissible.
If no action is taken by police on information given to them, the informant’s remedy lies under Sections 190, 200, Cr. P.C., not a Writ Petition
In our view, the High Court in exercise of its whatsoever jurisdiction cannot direct investigation by constituting a Special Investigation Team on the strength of anonymous petitions. The High Courts cannot be converted into Station Houses. If somebody is aggrieved by the impugned order of High Court then he is entitled to invoke the jurisdiction of Supreme Court under Article 136 of the Constitution of India.
Supreme Court of India in K.K. Velusamy vs N. Palaanisamy, decided on 30 March, 2011 held :- We may summarize them as follows: (a) Section 151 is not a substantive provision which creates […]