Criminal Procedure Code, 1973, Section 197 -- Public servant - Previous sanction - Immunity from prosecution without sanction extends only to acts which can be shown to be done in discharge of official duty or purported to be done in such discharge, but an offence arising out of abuse of official position by an act not purporting to official does not require sanction...........
Criminal Procedure Code, 1973, Section 211 -- Charge - If the allegations are vague and from the complaint itself, it shows that the accused has been falsely implicated then the charge is not to be framed - If the charge is framed it will tantamount to abuse of the process of the Court...........
Punjab Municipal Act, 1911, Section 22, 16(1)(c) -- Removal from Presidentship/Membership of Municipal Council - Charge that appellant asked Executive Officer not to pay for Fogging Machine purchased for Municipal Council against the interest of Municipal Council - Replied that Fogging Machine returned was not working so payment stopped - Not sufficient to hold that..........
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...........
Criminal Procedure Code, 1973, Section 482 -- Constitution of India, 1950, Art.226/227 - Investigation by police - Held, where police transgresses its statutory power of investigation, High Court u/s.482 Cr.P.C. or Art.226/227 of Constitution in appropriate case can interdict investigation to prevent abuse of process of Court or otherwise to secure ends of justice...........
Criminal Procedure Code, 1973, Section 482 -- Penal Code, 1860, Sections 403, 406, 420, 427 - Quashing of proceedings - Complaint by respondent alleging breach or trust, cheating and mischief by the petitioner by removing engine of hypothecated aircrafts which were hypothecated by the petitioner with respondent complainant as security for supply of aircraft fuel to the..........
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...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Withdrawal of complaint - Taking coercive steps against the accused after the complainant submits application for withdrawal of complaint on complaint's continuous absence is an abuse of the process of Court...........
Criminal Procedure Code, 1973, Section 482 -- Exercise of inherent powers - Illegal search and arrest - Quashing of criminal proceedings - Held, power u/s.482 Cr.P.C. has to be exercised by High Court to prevent abuse of process of any Court or otherwise to secure ends of justice - Where criminal proceedings are initiated based on illicit material collected on search and..........
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..........
