Search Results for Tag : inherent
News
Supreme Court: Inherent Powers Cannot be Invoked to Change Sentence Imposed by HC Itself(05.11.2019)
Supreme Court has observed that inherent power under Section 482 of Code of Criminal Procedure, 1973 cannot be used by the High Court to reopen or alt.....
Tags : Supreme Court, Inherent Powers
NCLAT: Adjudicating Authority Can Invoke Inherent Powers To Replace The Liquidator(21.10.2022)
National Company Law Appellate Tribunal has held that the Adjudicating Authority can invoke its inherent powers to replace the Liquidator and to do s.....
Tags : National Company Law Appellate Tribunal, Liquidator, inherent
Uttarakhand HC: Inherent Jurisdiction Must Not be Exercised Arbitrarily(09.02.2022)
Uttarakhand High Court has reiterated that inherent jurisdiction under Section 482 of Code of Criminal Procedure, 1973 must not be exercised arbitrari.....
Tags : Uttarakhand High Court, Inherent Jurisdiction
AP HC: Registry to List Plea Challenging Illegal Detention of 195 Bovine Animals(20.06.2024)
Andhra Pradesh High Court while observing that in matters concerning the welfare of animals court cannot be stopped from exercising inherent jurisdict.....
Tags : Andhra Pradesh High Court, Bovine Animals, Inherent Jurisdiction
Utt. HC: While Exercising Inherent Jurisdiction, HC Does Not Function As Court of Appeal or Revision(21.06.2024)
Utt. HC has held that inherent jurisdiction though wide should not be capriciously or arbitrarily exercised, but should be exercised in appropriate ca.....
Tags : Uttarakhand High Court, Inherent Jurisdiction, Court of Appeal
Ker. HC: Court Can Even Quash Criminal Proceedings u/s 376 of IPC by Invoking S. 482 of CrPC(25.06.2024)
Kerala High Court has observed that, in exceptional circumstances Court by exercising its inherent jurisdiction under Section 482 of Code of Criminal .....
Tags : Kerala High Court, S. 482 of CrPC, Inherent Jurisdiction, S. 376 of IPC
Judgments
FIR can be quashed in case of non-compoundable offences, if Court is satisfied that facts and circumstances of case so warrant(20.10.2016)
Present petition filed by Petitioners, for quashing of FIR No.653/2013 dated 17th July, 2013, under Sections 498-A/406/34 Indian Penal Code, 1860 (IPC.....
Tags : FIR, Inherent powers, Quashing
SC: Writ Petition Can be Entertained Only if Lack of Inherent Jurisdiction in Arbitrator's Order(21.09.2020)
Supreme Court has observed that a Petition under Article 227 of the Constitution of India, 1949 against dismissal of a Petition under Section 16 of th.....
Tags : Supreme Court, Lack of Inherent Jurisdiction
Supreme Court: NCLAT Cannot Use its ‘Inherent Powers’ to Subvert Legal Provisions(25.10.2024)
SC has held that 'inherent powers' cannot be used to subvert legal provisions, which exhaustively provide for a procedure. To permit the NCLAT to circ.....
Tags : Supreme Court, Legal Provisions, Inherent Powers
Supreme Court: NCLAT Cannot Use its ‘Inherent Powers’ to Subvert Legal Provisions(25.10.2024)
SC has held that 'inherent powers' cannot be used to subvert legal provisions, which exhaustively provide for a procedure. To permit the NCLAT to circ.....
Tags : Supreme Court, Legal Provisions, Inherent Powers
SC: Object of Plea for Child's Custody is to Determine in Whose Custody Best Interest of Child Lies(18.07.2022)
Supreme Court has held that in petition seeking writ of habeas corpus in matter relating to custody of child, the Court exercises an inherent jurisdic.....
Tags : Supreme Court, Child Custody, Welfare, Inherent Jurisdiction
P&H HC: It is Mortgagee’s Inherent Right to Put Property on Public Auction on Failure of Payment(12.03.2025)
Punjab & Haryana High Court has stated that there is an inherent right in the mortgagee, on the failure of liquidation of the relevant installments by.....
Tags : P&H High Court, Inherent Right, Public Auction
Inherent power has to be exercised in accordance with guidelines en-grafted(02.11.2018)
The Accused of Regular Criminal Case pending on the file of Judicial Magistrate First Class, has approached for quashment of First Information Report .....
Tags : Inherent powers, Quashment, FIR
NCLAT: Can Recall Orders u/s 11 of NCLT Rules if Obtained through Fraud(27.01.2025)
NCLAT New Delhi bench has held that an Adjudicating Authority can always exercise its inherent jurisdiction and recall orders obtained through fraud u.....
Tags : NCLAT New Delhi, Adjudicating Authority, Inherent Jurisdiction
SC: Inherent Power U/S 151 CPC Can be Invoked Only When Alternate Remedies Don’t Exist(24.08.2022)
Supreme Court has held that inherent power under Section 151 of the Code of Civil Procedure (CPC) can be invoked only in circumstances where alternate.....
Tags : Supreme Court, CPC, Inherent Powers, Alternate Remedy
Allahabad High Court Refers Question on High Court's Power to Quash FIR to 9-Judge Bench(29.05.2025)
Allahabad High Court has referred the questions regarding High Court's power to quash an FIR and the ensuing investigation using its inherent powers u.....
Tags : Allahabad High Court, 9-Judge Bench, Inherent Powers
Cal. HC: High Courts can Invoke Article 215 to Review its Own Orders(04.09.2023)
Calcutta High Court has held that being Courts of records, the High Courts are invested with inherent powers under Article 215 of Constitution to corr.....
Tags : Calcutta High Court, Inherent Powers, High Court, Review
MP HC: Policy of First Come, First Serve is Inherently Flawed(25.04.2025)
MP High Court has observed that the policy adopted by the State for the training course in water auditing, on the principle of first come first serve .....
Tags : MP High Court, Inherently Flawed, Public Employment