Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 227 -- Rejection of plaint - Abuse of process of Court - There is no embargo for High Court to step in and prevent such abuse of process being perpetuated - There is no impediment for exercise of power by High Court to strike off plaint which is clear abuse of process of Court. ( Paras 11 to..........
Criminal Procedure Code, 1973, Section 482 -- Recall of order - Court in exercise of its inherent powers recognized u/s 482 Cr.P.C, can recall an order passed in any case ex-parte upon sufficient cause being shown for non-appearance when the case was decided - However, in exercise of inherent powers a Bench of High Court cannot interfere in any order passed by another..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of proceedings - Proceedings under PWDV Act - Only in cases where there is manifest illegality and blatant irregularity of proceedings, High Court will be justified in exercising jurisdiction u/s 482 Cr.P.C (S.528 BNSS) to unsettle orders..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), 3(5), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Cancellation of bail - Kidnapping and rape - Session Court granted bail - Even though concurrent powers vested in High Court along with Special Court or Sessions Court to grant or cancel..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 36, 438, 442 -- Withdrawal of prosecution - Revision - High Court can amend order of trial court u/s 360 BNSS, if same is passed by Trial Court without independently considering all materials placed before it and without applying mind to assess whether application is moved in good faith, in interest of public policy and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 360, 438, 442 -- Withdrawal of prosecution - Revision filed by accused against dismissal order u/s 360 BNSS - If order passed u/s 360 BNSS is s vitiated by non-application of mind, accused has every right to bring it to notice of High Court by way of a revision...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case in favour of plaintiff not challenged so High Court not entering into issue of prima facie case - Balance of convenience lies in favour of defendant and it would be defendant who would be facing comparative more hardship and irreparable loss, if temporary injunction is granted -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant has not only failed to show sufficient cause for his prolonged absence before trial Court but has also approached High Court after exhausting two rounds of adjudication both trial Court and revisional Court having concurrently..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court while adjudicating application seeking to quash proceedings is to see whether prima facie an offence is made out or not - It is not to examine whether charges may hold up in Court...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against acquittal - Scope of revision against acquittal filed by a private party is very limited - Only in exceptional cases where there is some glaring defect in procedure or manifest error or illegality, perversity or infirmity in judgment of lower Court which had resulted in flagrant miscarriage of justice,..........
