Legal Services Authorities Act, 1987, Section 19, 2(i)(aaa), 2(i)(d) -- Permanent Lok Adalat - Is not a `Court' - Powers and functions of Permanent Lok Adalat are not co-extensive with that of Tribunals and Court - Permanent Lok Adalat have no inherent jurisdiction to try an issue of fraud...........
Constitution of India, 1950, Article 21 -- Speedy trial - Concept of - Held, speedy trial and treatment of a victim in criminal jurisprudence based on constitutional paradigm and principle - Speedy trial has been recognised as an inherent and implicit aspect in spectrum of Art.21 of the Constitution - Whole purpose of speedy trial is intended to avoid oppression and..........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Quashing of proceedings - If on bare reading of case, offence is made out, then, no order can be made for quashment of criminal prosecution - Such criminal prosecution at initial stage can only be quashed in rarest of rare matter where it is proved that same lodged maliciously or vexatiously in order to..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Exercise thereof - Held, S.151 of CPC does not cater but only recognizes the powers, which are inherent in civil court, existence of ample power on civil court to permit plaintiffs to pursue course of action undertaken by them...........
Criminal Procedure Code, 1973, Section 482, Orissa Special Courts Act, 2007, Section 13, 14, 15, Orissa Special Courts Rules, 2007, Rule 14 -- Confiscation of properties - Authorised Officer - Quasi judicial authority - Held, authorized officer discharges a quasi judicial function so far as confiscation of goods/properties is concerned and proceeding before him is not..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - When can be exercised? - Held, inherent power u/s 482, Cr.P.C. can be exercised - (i) to give effect to any order under the Code, or (ii) to prevent abuse of process of any court, or (iii) to otherwise secure ends of justice - Words "any order under this Code" occurring in S.482, Cr.P.C. are unambiguous and..........
Criminal Procedure Code, 1973, Section 482, 156(3), 190 -- Inherent powers - Registration of FIR - Direction sought to register a case against police officials for having committed a cognizable offence for causing fracture of forearm of son of petitioner when he was allegedly in custody of police - Disputed question of fact involved - Held, such question cannot be..........
Civil Procedure Code, 1908, Section 151, Article , Order , Rule , Limitation Act, 1963, Section 5, Article , Order , Rule -- Execution - Delivery of property - Application for - Delay in filing - Condonation - Application filed for delivery of property U.O.21.R.95 CPC - Said application dismissed for not taking appropriate step as ordered by execution Court - Subsequent..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers of High Court - Exercise of - Held, powers u/s 482 Cr.P.C. has been preserved with High Court to do ex debito justice and to secure ends of justice - It is a wholesome power which is inherent in High Court - The very plenitude of power indicate it's exercise with utmost circumspection, care and caution, only in..........
Criminal Procedure Code, 1973, Section 482 -- Order declaring proclaimed offender - Quashing of - Held, petitioner who is proclaimed offender and who has not submitted to jurisdiction of Court cannot invoke inherent jurisdiction of High Court u/s 482 Cr.P.C. - Petition dismissed...........
