Inherent powers-In dealing with this class of cases it is important to bear in mind the distinction between a case where there is no legal evidence or where there is evidence which is manifestly and clearly inconsistent with the accusation made and cases where there is legal evidence which on its appreciation may or may not support the accusation in question.
In complaint cases, at the first instance, the court should direct serving of the summons along with the copy of the complaint. If the accused seem to be avoiding the summons, the court, in the second instance should issue bailable warrant. In the third instance, when the court is fully satisfied that the accused is avoiding the courts proceeding intentionally, the process of issuance of the non-bailable warrant should be resorted to. Personal liberty is paramount, therefore, we caution courts at the first and second instance to refrain from issuing non-bailable warrants.
In State of West Bengal and Others Vs. Sujit Kumar Rana, this Court while dealing with the nature of inherent powers of the High Court held that the inherent power of the High Court is saved only where an order has been passed by the criminal court which is required to be set aside to secure the ends of justice or where the proceedings pending before a court amounts to abuse of the process of court. The power u/s 482 of the Code can be exercised by the High Court in relation to a matter pending before a criminal court or where a power is exercised by the Court under the Code of Criminal Procedure.
In exceptional cases even at the stage of argument or closure, evidence can be reopened or witness can be recalled
SUPREME COURT OF INDIA K.K. Velusamy Versus N. Palanisamy (Before : R. V. Raveendran and A. K. Patnaik, JJ.) Civil Appeal Nos. 2795-2796 of 2011 (Arising out of SLP (C) Nos. 18211-18212 of 2010) […]
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.
Whether the inherent powers vested in High Court U/S 482 of Criminal Procedure could be exercised to quash non-compoundable offenses
The inherent powers of the High Court under Section 482 Code of Criminal Procedure. are not for that purpose controlled by Section 320 Code of Criminal Procedure. Having said so, we must […]
31. The inherent power under Section 482 code of Criminal Procedure. is intended to prevent the abuse of the process of the Court and to secure the ends of justice. Such power […]
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.
It is evident that inherent powers can be exercised only to prevent the abuse of the process of the court and to secure the ends of justice. However, powers can be used […]
inherent power of the High Court ought to be exercised to prevent miscarriage of justice or to prevent the abuse of the process of the Court or to otherwise secure the ends of justice.
Keywords:-Recalling of an order permitting withdrawal of a suit- INHERENT POWER- In the absence of a specific provision in the Code of Civil Procedure providing for the filing of an application for […]
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 […]
KEYWORDS:-INHERENT POWER OF HIGH COURT- DATE:-January 5, 2018- Once the Court finds that the FIR does disclose prima facie commission of any cognizable offence, it should stay its hand and allow the […]
THE IDEA Inherent powers are powers which are resident in all courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the Constitution of the Tribunals or Courts […]
KEYWORD:- SECOND REVISION-INHERENT POWER- SECTION 482 Cr.P.C 24-01-1997 AIR 1997 SC 987 : (1997) 1 SCR 511 : (1997) 4 SCC 241 : JT 1997 (1) SC 657 : (1997) 1 SCALE […]