Tag: Inherent

  • Inherent powers of high courts to be exercised with care: SC

    Inherent powers of high courts to be exercised with care: SC

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    New Delhi: The inherent powers of high courts under section 482 of the Code Of Criminal Procedure (CrPC) should be exercised with care, caution and sparingly, the Supreme Court said on Monday.

    A bench of justices Ajay Rastogi and CT Ravikumar made the observation while quashing and setting aside an FIR registered against a woman and others under sections 323 (voluntarily causing hurt), 406 (criminal breach of trust), 420 (cheating) and 120B (criminal conspiracy) of the Indian Penal Code (IPC).

    “There can be no doubt with respect to the position that the jurisdiction under section 482, CrPC is to be exercised with care and caution and sparingly…. The exercise of the said power must be for securing the ends of justice and only in cases where a refusal to exercise that power may result in an abuse of the process of law,” the bench said.

    The top court was hearing an appeal challenging a Calcutta High Court order that refused to quash the FIR against the accused in connection with the management of a school.

    The high court declined to exercise the jurisdiction under section 482 of the CrPC, holding that a perusal of the case diary as also the materials appearing therefrom prima facie made out a case for investigation.

    Referring to its earlier decisions, the apex court said section 482 is designed to achieve the purpose of ensuring that criminal proceedings are not permitted to generate into weapons of harassment.

    The court noted that the respondent concealed the pendency of a civil suit to cover up the civil nature of the dispute.

    The top court said it has no hesitation to hold that allowing the continuance of the
    criminal proceedings against the appellants would result in an abuse of the process of the court as also miscarriage of justice.

    (Except for the headline, the story has not been edited by Siasat staff and is published from a syndicated feed.)

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    ( With inputs from www.siasat.com )

  • Congress’ Silence Over Article 370 Exposes Its Inherent Contradictions: Rana

    Congress’ Silence Over Article 370 Exposes Its Inherent Contradictions: Rana

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    JAMMU: Lashing out at the Congress for ducking response over abrogation of Article 370 as usual due to its inherent contradictions and taking escape route from the chronic political issues it created in Kashmir over the decades, Senior BJP leader Devender Singh Rana today said the statement of Jairam Ramesh is on expected lines keeping in view the flip-flop policies of his party on issues concerning upholding of Nation’s sovereignty and integrity.

    Speaking to reporters on the side-lines of releasing of book ‘Trikaalsandhya and Vaishnav Vratodyaapan Pradeep on Karm-kand’ by Dr Varchaskam Sharma here this afternoon, Rana said the Congress is caught between the deep sea and devil over the historic repeal of Article 370 binding Jammu and Kashmir emotionally and psychologically with rest of the country besides ending the era of deprivation of women and marginalized segments like Valmikis, PoK refugees, Gorkhas, Gujjar Bakerwals west Pak refugees and the other weaker sections.

    “Talking about the political issues would certainly expose the Congress, which is solely responsible for all the ills afflicting the body psyche of the nation in general and the Valley in particular because of greed, lust and lack of vision of its so-called towering leaders,” Rana said, adding that such an eventuality is bound to entail the wrath of the party’s new found allies in the communal, divisive, anti-national and pro-Pakistan PAGD who Congress is trying to please and appease.

    Rana recalled his earlier statement of the Congress creating alibis to avoid hoisting of the tricolor at the historic Lal Chowk in view of the PAGD’s strong hate for the national flag.

    He said Rahul Gandhi has conveniently obliged the hate mongers and anti-national political actors, who had warned of not getting flag bearers for the tricolor in the Valley if Article 370 was tinkered with. Bypassing Lal Chowk thus amounts to compromising national honour and dignity. It is different that the Tiranga is being unfurled for youth of Kashmir day in and day out with pride, he said and referred to the response they got as recently as on the Republic Day when shops in the famous market-place remained open, ending over three-decade culture of hartals and bandhs.

    He said this has unnerved the Congress and its masters in the PAGD, who are in the unholy wedlock for their lust for power.

    Rana reminded the Congress of its blunders in Kashmir, saying that but for the course correction being made by the BJP, the paradise on the earth was at the brink of disaster.

    He said none of the dynasts ever appreciated the genuine aspirations of the Paharis, Gujjars, Refugees, Valmikis and the other categories of marginalized sections, who are witnessing their empowerment for the first time ever since independence of India.

    He said the BJP has infused a sense of belonging among the people and heralded a new era of peace and stability. Even the worst adversaries are confessing privately how the malady of stone-pelting and hartal culture has ended in Kashmir with people enthusiastically participating in the odyssey of progress and development.

    He added that fillip in Kashmir economy due to record influx of tourism showcases the sincere efforts of the BJP in bringing normalcy and exposes the trio pseudo secularists for their machinations of keeping the Valley in boil, he said, adding that J&K is at the threshold of progress, prosperity and above all the political empowerment in real sense of term.

    The books of Dr Varchaskam Sharma, an Assistant Professor in Sanskrit in GMC, Kathua will be distributed free of cost. Dr Sharma has earlier also authored three books on Karm-kand.

    Prominent among others those present on the occasion included Pt. Tilak Raj Shastri, Principal, Ranjeet Singh.

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    ( With inputs from : kashmirlife.net )