Criminal Procedure Code, 1973, Section 462, 465 -- Proceedings in wrong place - Effect thereof - Held, where there is no inherent lack of jurisdiction merely either on ground of lack of territorial jurisdiction or on ground of any irregularity of procedure an order or sentence awarded by a competent court cannot be set aside unless a prejudice is pleaded and proved which..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Except in respect of proceeding u/s 31(1) or u/s 33 or u/s 19(3), it is not for the High Court to exercise the extraordinary inherent jurisdiction to quash proceedings pending before the Magistrate under the provisions of Protection of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Main appeal decided without deciding the application for addtional evidence - Inherent irregularity and patent illegality - Impugned order set aside - Matter remitted for decision afresh - Appellate Authority to decide..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Main appeal decided without deciding the application - Inherent irregularity and patent illegality - Impugned order set aside - Matter remitted for decision afresh - Appellate Authority to decide the applciaotn for..........
Criminal Procedure Code, 1973, Section 482 -- Scope - High Court can exercise power u/s 482 of the Code either suo motu or on an application (i) to secure the ends of justice; (ii) the High Court may make such orders as may be necessary to give effect to any order under the Code; (iii) to prevent abuse of the process of any Court. There is no other ground on which the High..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Although CPC does not specifically speak of consolidation of suits but the same can be done under the inherent powers of the Court flowing from S.151 CPC...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Inherent powers - Exercise of - Held, FIR cannot be quashed in threshold as a routine course and only in rare and exceptional circumstances inherent powers have to be exercised...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 4 -- Affidavit in lieu of examination-in-chief - Neither signed nor affirmed - Court by exercising inherent power can allow the defect to be cured by permitting the affirmation to be made subsequently...........
Limitation Act, 1963, Section 14 -- Scope - Provision provides protection to a litigant against the bar of limitation when he institutes a proceeding which by reason of some technical defect cannot be decided on merits and is dismissed - An element of mistake is inherent in invocation of the provision...........
Criminal Procedure Code, 1973, Section 190 -- Recall of process - Magistrate has no jurisdiction to recall his order issuing process in the absence of any power of review or inherent power which did not inhere in the subordinate Criminal Courts, but was available to the High Court u/s 482 Cr.P.C...........
