Civil Procedure Code, 1908, Section 151 -- Inherent jurisdiction - To prevent unnecessary harassment and to prevent miscarriage of justice - Court has ample powers under Section 151 to make such orders as may be necessary for the ends of justice - Power must be exercised with caution and due diligence with the object to prevent miscarriage of justice or to prevent the..........
Criminal Procedure Code, 1973, Section 145 -- Preliminary order passed by Magistrate on 26.5.2000 and an order also passed attaching property and appointing SDPO to remain in charge of property - In a civil suit filed by respondents on 24.4.2000 an interim order was passed which was subsequently modified to order of status quo - High Court quashed proceedings u/s 145..........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Sections 420/421 - Quashing of FIR - FIR by complainant alleging that agreement was executed by the mother of the accused petitioner with him giving him right to sell 14 acres of land mortgaged with him in lieu of loan advanced - Petitioner on the basis of will executed in his favour got the land mutated in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No explanation whatsoever available in the plaint as to the situation under which suit filed after a long period of about 40 years - Deed of sale unassailed for a period of over 50 years - Litigation utterly vexatious and abuse of the process of Court - Rejection of plaint justified...........
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Section 151 -- Witness - Re-examination - Beyond the circumstances mentioned in S.138 Evidence Act - Can be allowed by Court in exercise of its inherent powers in the interest of justice and to prevent the abuse of the process of the Court...........
Civil Procedure Code, 1908, Section 115 -- Scope - Fact that irreparable injury is caused or failure of justice is occasioned by an order or where order results in termination of proceedings finally, do not affect maintainability of Revision but are considerations germane for exercise of revisional jurisdiction - Non exercise, abuse of exercise and illegal or irregular..........
Civil Procedure Code, 1908, Section 151 -- Concealment of fact of earlier filing three eviction petitions - Amounts to abuse of process of Court - Appellant filed fourth eviction petition and concealed the fact of his having earlier filed three eviction petitions, one of which was dismissed as withdrawn while the second one was pending and the third one was dismissed in..........
Civil Procedure Code, 1908, Section 151 -- Examination of one of the defendants as plaintiff's witness - Not barred unless it is an abuse of process of Court...........
Civil Procedure Code, 1908, Order 6, Rule 16(c) -- Striking out pleadings - It is a settled proposition of law that it is an abuse of process to raise in subsequent proceedings matters which could and should have been litigated in earlier proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 16(a) -- Findings given by District Court of Louisiana USA by filing a suit in original Civil Jurisdiction of High Court at Bombay - Suit filed with mala fide intention and with an intention to harass defendant - Held, it is a clear abuse of the process of the Court - Plaint is liable to be rejected in view of O.6.R.16(a) and (c)..........
