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...husband that the husband had also gone to Raipur and had assaulted the appellant and as such the husband could not plead want of territorial jurisdiction. Both the said criminal revision cases have...transfer the case from Raipur to Raigarh. Criminal Revision No. 463 of 1989 was preferred by four of the respondents challenging the assumption of jurisdiction of the Chief Judicial Magistrate, Ra...the offence was a continuing one having been committed in more local areas and one of the local areas being Raipur, the learned Magistrate at Raipur had jurisdiction to proceed with the criminal case...
.... Therefore, the consideration that arises in deciding the question of territorial jurisdiction in cases involving criminal offences may not always apply to cases involving civil disputes like the special...Policy introduced by the appellants herein w.e.f 1-4-1995 in relation to certain credits to be given on export of shrimps, the appellant firstly challenges before us the territorial jurisdiction of the...-General of India and Mr Jaideep Gupta, learned counsel appearing for the appellants, contended that the High Court at Ahmedabad did not have the territorial jurisdiction to entertain the special civil...
...provision is analogous to others under which the jurisdiction of Magistrates and Sessions Judges is determined on a territorial basis. Enactments in the Code of Criminal Procedure intended to confer territorial ...Dass Chadha I.P.S) which is pending in the court of the Special Judge, Bharatpur, Rajasthan to another criminal Court of equal or superior jurisdiction subordinate to a High Court other than the...subordinate to one High Court to another criminal Court of equal or superior jurisdiction subordinate to another High Court.(2) The Supreme Court may act...
...and disputes such allegations. It appears from the report submitted on behalf of the police authority that on the complaint of the petitioners criminal cases have been registered against the private respondents....criminal proceeding as victim of crime and ventilate their grievances before the Criminal Court in accordance with law, if so advised.6. Since no affidavit is called for, allegations...Joymalya Bagchi, J.:— Affidavit of service is taken on record.2. Report is filed on behalf of the respondent police authority.3. It has been argued that the...
...and disputes such allegations. It appears from the report submitted on behalf of the police authority that on the complaint of the petitioners criminal cases have been registered against the private respondents....criminal proceeding as victim of crime and ventilate their grievances before the Criminal Court in accordance with law, if so advised.6. Since no affidavit is called for, allegations...Joymalya Bagchi, J.:— Affidavit of service is taken on record.2. Report is filed on behalf of the respondent police authority.3. It has been argued that the...
...affecting the nation, should not be taken by cases of lesser consequence. The present criminal appeal is a signal instance of litigation of little public interest being brought up here, holding up other...V.R Krishna Iyer, J.— We regret to begin this Judgment with the observation that the high purpose of reserving the Supreme Court's jurisdiction for substantial legal issues...-tale circumstance, the facts we have set out above show that nothing grave or great in law, by way of miscarriage of justice or general public importance is involved. This is one of those routine cases...
...whether any part of the cause of action arose within the jurisdiction of the court concerned. In terms of Section 177 of the Code, it is the place where the offence was committed. In essence it is...expression “cause of action” is, therefore, not a stranger to criminal cases.14. It is settled law that cause of action consists of a bundle of facts, which give cause ...482 of the Code of Criminal Procedure, 1973 (in short “the Code”) was rejected. Background facts sans unnecessary details are as follows:Respondent 2 as the complainant...
...had assaulted the appellant and as such the husband could not plead want of territorial jurisdiction. Both the said criminal revision cases were disposed of by a common order dated 31-8-1989 by the...Code of Criminal Procedure, 1973 (in short “the Code”) deals with jurisdiction of the criminal courts in inquiries and trials. Sections 177-179 are relevant which are as follows..., Raipur that the criminal case was not maintainable before the said learned Chief Judicial Magistrate because the cause of action took place only at Raigarh which was outside the territorial jurisdiction...
...may be, the question of territorial jurisdiction in criminal cases revolves around (i) place of commission of the offence or (ii) place where the consequence of an act, both of w...where the property forming the subject-matter of an offence was required to be returned or accounted for, etc., according as the case may be.18. While jurisdiction of a civil court is determine...question of jurisdiction arising in criminal cases, is two-fold.18.1. The first is that the stage at which an...
...jurisdiction of the High Court in acting suo motu in criminal revision in appropriate cases. The attempt has to be nipped in the bud.2. In this case, the petitioner was found in illegal...sentence which was not there under the old Code. That however does not exclude revisional jurisdiction of the High Court to act suo motu for enhancement of sentence in appropriate cases. What is an...of the Code of Criminal Procedure, 1973 (Act 2 of 1974) read with Article 227 of the Constitution against the conviction. This time he was worse off as the High Court thought that the sentence awarded...
..., Court No. 27, Ahmedabad who is taking the criminal cases pertaining to jurisdiction of Navrangpura area;(D) Pending admission, hearing and disposal of this petition, Your Lordships may be...Magistrate, Court No. 33, Ahmedabad to the Hon'ble Court of Ld. Additional Chief Metropolitan Magistrate, Court No. 27, Ahmedabad who is taking the criminal cases pertaining to jurisdiction of Navrangpura...complaints have culminated in 38 criminal cases. These cases are of the year 2011. There is no progress worth the name in any of the cases.5. The learned counsel appearing for the w...
...either as civil writ jurisdiction cases (C.W.J.C) or criminal writ jurisdiction cases (Cr. W.J.C), as the cases may be. As such, there is no difference in maintaining a letters patent appeal again...Constitution and there cannot be any distinction made between the civil writ jurisdiction cases and criminal writ jurisdiction cases for the purpose of filing appeal under clause 10 ...revisional jurisdiction of the High Court or under section 482 of the Cr. P.C or preventive detention cases. But from the decision of the Supreme Court in the case of Narayan Roy v. Ishwar...
...inflexible rule which would govern the exercise of this inherent jurisdiction. However, we may indicate some categories of cases where the inherent jurisdiction can and should be exercised for quashing the...process of the criminal court to be issued against the accused person. A third category of cases in which the inherent jurisdiction of the High Court can be successfully invoked may also arise. In...:
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 217 of
1959.
Appeal by special leave from the judgment and order...
...the quashing of criminal proceedings by the High Court in exercise of its inherent jurisdiction. In compounding of offences, power of a criminal court is circumscribed by the provisions c...that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct...exercised in accord with the guideline engrafted in such power viz.: (i) to secure the ends of justice, or (ii) to prevent abuse of the process of any court. In what cases power to quash the criminal...
...Court expressed its opinion is on the meaning of “cases arising in such areas in Oudh”. The High Court expressed the following views. A distinction arises between criminal cases on the one hand and writ petitions u.... With regard to the civil and criminal cases, the High Court said that the Lucknow Bench would have jurisdiction in a civil case where the cause of action wholly or in part arose. In a criminal case...proviso to Article 14 of the High Court (Amalgamation) Order, 1948, refers to legal proceedings, including civil cases, criminal cases, petitions under Articles 226, 227 and 228 of the Constitution...
...sparingly as cases which require interference would be few and far between. The most common case where inherent jurisdiction is generally exercised is where criminal proceedings are required to be...quashed because they are initiated illegally, vexatiously or without jurisdiction. Most of the cases set out hereinabove fall in this category. It must be remembered that the inherent power is not to be...under Section 482 CrPC could not have been exercised by the High Court in granting bail to the respondents-accused as there is a specific provision in the Code of Criminal Procedure viz. Section 439...
...the purport and object for which the provisions of Sections 482 and 483 of the Code of Criminal Procedure had been introduced by Parliament but would not hesitate to exercise its jurisdiction in appropriat...the High Court, the Magistrate was not justified to proceed with the criminal case either in law or on the basis of propriety. Criminal cases have to be proceeded with in accordance with the procedure.... Propositions of law which emerge from the said decisions are:(1) The High Court ordinarily would not exercise its inherent jurisdiction to quash a criminal...
...the provisions of Sections 482 and 483 of the Code of Criminal Procedure had been introduced by Parliament but would not hesitate to exercise its jurisdiction in appropriate cases. One of...may not be a ground to hold that the criminal proceedings should not be allowed to continue. For the purpose of exercising its jurisdiction, the superior courts are also required to consider as to....5. Inter alia alleging that the appellant herein has committed the offences of criminal breach of trust and/or of cheating and forgery, on the premise that he had made sale of a...
...complaint keeping in view the purport and object for which the provisions of Sections 482 and 483 of the Code of Criminal Procedure had been introduced by Parliament but would not hesitate to exercise its ...Allahabad whereby the said Court has dismissed Criminal Miscellaneous Case No. 3977 of 2012, challenging the proceedings of Criminal Case No. 1807 of 2012 pending in the Court of the Additional Ch....5. The appellants moved a petition under Section 482 of Code of Criminal Procedure, 1973 (CrPC) before the High Court challenging the criminal proceedings initiated against them pleading...
...Government. Section 59-G of the Act creates a bar on the jurisdiction of court in certain cases, which is in the following terms:“59-G. Bar of jurisdiction in cer..., came to be questioned by the respondents before the Calcutta High Court invoking its jurisdiction under Section 482 of the Code of Criminal Procedure. In Sujit Kumar Rana case, however, an order of...had no jurisdiction to release the vehicles when a confiscation proceeding is pending before the designated authority in exercise of its power under Section 482 of the Code of Criminal Procedure...