Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Grant of by exercising inherent powers - Held, Court has inherent jurisdiction to pass an order u/s.151 CPC and grant injunction in cases which are not fully covered within four corners of O.39.Rr.1 & 2 CPC - Inherent power of Court can be exercised for meeting ends of justice or to..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Sanction for prosecution - Granted after cognizance was taken - Order of cognizance ex facie without jurisdiction - Sanction received after taking cognizance cannot cure inherent defect - Order taking cognizance set aside...........
Civil Procedure Code, 1908, Section 2(2), 47 -- Decree - Null and void - A decree could be said to be null and void only when the decree is made by a Court which has no inherent jurisdiction to make it - Inherent lack of jurisdiction must appear on the face of the record - Where the objection as to jurisdiction of the Court to pass the decree does not appear on the face..........
Uttar Pradesh Debt Relief Act, 1977, Section 22 -- Bar of suit - Defendant has to plead and prove the various ingredients that are contemplated by the provision - In absence of any such plea there would be no inherent lack of jurisdiction in a Civil Court to entertain and decree the suit...........
Criminal Procedure Code, 1973, Section 482 -- Bail application - Exercise of inherent power by High Court - Criminal cases pending in other states - No details are given in petition u/s 482 of CrPC as to in which case the petitioner is seeking bail from this Court - Held, in respect of criminal cases pending in other states, this Court has no territorial jurisdiction to..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Exercise of - Irregularity in any of the proceedings - Held, that cannot be a ground to quash the proceedings...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Legality - Complainant has made necessary allegation against petitioners and other co-accused persons that they were directors in company, had issued cheque, assured for payment and notice had been served upon them - Held, averments were sufficient..........
Criminal Procedure Code, 1973, Section 320(9), 482, Indian Penal Code, 1860, Section 386, 387, 451, 506, 120B -- Compounding of offence - Quashing of criminal proceedings - Complainant, in his counter has, in an unambiguous language as well as in precise and clear terms, stated that they have resolved their disputes amicably and reduced terms of agreement into writing - He..........
Criminal Procedure Code, 1973, Section 482 -- Power of High Court u/s 482 Cr.P.C. - Scope of - Held, inherent powers vested in High Court u/s 482 of the Code are very wide - Nevertheless, inherent powers do not confer arbitrary jurisdiction on the High Court to act according to whims or caprice - This extra-ordinary power has to be exercised sparingly with circumspection..........
Criminal Procedure Code, 1973, Section 482, 190 -- Sanction for prosecution - Plea of no, application of mind by sanctioning authority - Quashing of proceedings sought - Held, at initial stage of a criminal case, that too, at the time of cognizance, this point cannot properly be examined and decided by High Court, that too, while exercising its inherent jurisdiction u/s..........
