abuse of process of Court Archives

‘Power to enact and to repeal is sole prerogative of legislature’; Meghalaya HC dismisses plea challenging vires of Rajitlal University (Repealing) Act 2023

RITHS Trust, described as the sponsor in the Rajitlal University Act, 2011, filed the present plea. However, even after three years of the Act, the sponsors of the University had not shown any interest in approaching the State Government with an application to establish the University.

Case Briefs High Courts

‘Order u/S 482 CrPC can be passed to prevent abuse of process’: Delhi HC imposes Rs. 50,000 cost on complainant pursuing case even after acceptance of settlement money

“The conduct of the litigants to keep the dispute alive for mala fide reasons has the tendency of keeping the docket of the Courts heavy to the detriment of other litigants whose cases have been pending for years together.”

Case Briefs Foreign Courts

Court of Appeal of the Republic of Singapore| CPC Cost Provisions “unlikely to deter” lawyers from providing bona fide legal advice; Constitutionality upheld

“The claim pertains to events that occurred between 2016 and 2018 and was then not followed up until 2022, a few days before the sentence was to be carried out. For all these reasons we are satisfied that OC 173 is without merit and an abuse of process and cannot therefore be a basis for us to grant a stay of execution.”

Case Briefs Supreme Court

Frivolous petitions defeating the noble object behind PILs and burdening SC and HCs; Bonafides of Litigants must be examined carefully: SC

“Although the jurisprudence of Public Interest Litigation has matured, many claims filed in the Courts are sometimes immature.”

Case Briefs High Courts

Bom HC | Daughter caught in crossfire between parents; Accused under DV Act by mother. HC decides whether allegations inherently probable? [Exhaustive Report]

Bombay High Court: The Division Bench of S.S. Shinde and Manish Pitale, JJ., quashed proceedings initiated against the petitioner (daughter) by her

Case Briefs High Courts

Del HC | Attempt to take a second chance, that too belatedly, after nearly 6 months, constitutes an abuse of process of Court

Delhi High Court: A Division Bench of Rajiv Sahai EndLaw and Asha Menon, JJ., while addressing a petition observed that, “…an attempt to

Case Briefs High Courts

HP HC | S. 482 CrPC empowers High Court to quash FIR even in non-compoundable cases to meet ends of justice

Himachal Pradesh High Court: Chander Bhusan Barowalia, J. quashed the FIR to meet ends of justice and prevent the abuse of the

Case Briefs High Courts

Pat HC | Prosecution based on statement of co-accused not substantiated by evidence, would amount to abuse of process of Court

Patna High Court: Birendra Kumar, J. allowed the application to quash the proceedings against the petitioner as it was an abuse of

Case Briefs High Courts

All HC | Right to shelter is a fundamental right, a right to all infrastructure necessary to live and develop as human being

Allahabad High Court: Surya Prakash Kesarwani, J. dismissed the present “PIL” while imposing an exemplary cost on the petitioner for abusing the

Case Briefs High Courts

Chh HC | Advocate acting professionally as per instructions of client can’t be prosecuted for offence of defamation under S. 500 IPC

Chhattisgarh High Court: Sanjay K. Agrawal, J. held that the continuation of criminal proceedings for the offence of defamation against an advocate who

Case Briefs High Courts

Pat HC | Allegations against husband’s relatives must be scrutinized with great circumspection in proceedings under S. 498-A of IPC

Patna High Court: The Bench of Ahsanuddin Amanullah, J. quashed criminal proceedings against relatives of a man accused of torturing his wife

Case Briefs High Courts

HP HC | Court gives consideration to retirement and age, abstains from ordering criminal prosecution

Himachal Pradesh High Court: The Bench of Tarlok Singh Chauhan, J. dismissed a petition being devoid of merit and also finding a

Case Briefs High Courts

Pat HC | Instituting criminal case in matters of civil nature is clear abuse of process of Court

Patna High Court: The Bench of Ahsanuddin Amanullah, J. quashed a criminal complaint as its jurisdiction purely fell within the ambit of