File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Exparte Decision: Limitations of High Court's Inherent Jurisdiction: Examining Section 482 and Section 397(3) of the CrPC in Legal Revision Proceedings

High court can not ,in the exercise of its inherent jurisdiction u/s 482 of he code set aside, the order of the Session Court passed in Revision petition. This will in another way amount to permit the applicant to take advantage of a second revision against the order of the First Additional Session judge, Meerut which is barred by the provisions of section 397(3) of the Crpc.

No doubt a statutory bar has been imposed u/ s 397(3) of the Criminal Procedure Code, for entertaining second revision at the instance of the petitioner who had preferred a revision against the same order before the Session Court. It is also well settled that inherent Power u/s 482 of the Code can not be invoked for exercising powers which are expressly barred by this code.

But then, in rare and exceptions cases when the Court comes to the conclusion that gross illegality has been committed by the Court s below which has caused gross miscarriage of justice, inherent Power of the High court can be exercised, but then sparingly.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly