Court : Rajasthan
Decided on : Mar-04-2009
Reported in : 2009CriLJ3747; RLW2009(4)Raj3399
..... an express provision in a statute governing a particular subject matter there is no scope for invoking or exercising the inherent powers of the court because the court ought to apply the provisions of the statute which are advised to govern the particular subject matter. from this it will be clear that ..... ravi shankar srivastava, ias : (2006) 7 scc 188 : 2006 cri lj 4050; and (v) central bureau of investigation v. k.m. sharan : (2008) 4 scc 471 : 2008 cri lj 2027.5. while advancing the arguments further, the learned counsel for the respondent has submitted that there has been reasons why the inherent powers were given ..... . state of gujarat : (2007) 6 scc 156 : air 2007 sc 2522; (vii) b. suresh yadav v. sharifa bee : (2007) 13 scc 107 : 2008 cri lj 431.3. on the other hand, the learned counsel for the complainant respondent no. 2 has contended that in view of the fact that against the, impugned ..... verbatim to section 482 of the new code, held as under:the inherent jurisdiction of the court, which receives recognition in section . 561-a, criminal p.c. cannot be invoked for the purpose of doing an act which would conflict with any of the provisions of the law or the general principles of criminal ..... to the high court and for that purpose, he has placed reliance on the cases in ; (i) mary angel v. state of t.n. .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-05-2009
Reported in : RLW2009(2)Raj1460; 2009(1)WLN116
..... an interlocutory order. the revision can very well be maintained before the learned sessions judge as held by this court in natwarlal v. state reported in 2008(1) crlr (raj) 617.22. this court could have exercised the power under section 482 of the code, had there been a case from the ..... proceedings of trial is termed as final order. rest are said to be interlocutory orders. this view has been reiterated by the hon'ble supreme court in amamath v. state of haryana reported in : 1977crilj1891 in the following terms:.it is difficult to hold that the impugned order summoning the ..... according to the learned counsel, if the investigation is unfair or cognizance has been taken in disregard to the established principles of law, this court in exercise of its inherent powers, can quash the proceedings, even though the party has not preferred to choose the remedy of revision available ..... deposited and on the contrary, he purchased valuable cars from the foreign company in the name of tourism and thereby alleged to have committed an act of cheating. these allegations cannot be termed as purely of civil nature, but is an offence under section 420 ipc.25. in misc. petition ..... the learned magistrate has taken cognizance against the petitioner. hence this misc. petition.4. in criminal misc. petition no. 41/2008, a complaint under section 29(1) of the insecticides act, 1968 was filed by the assistant director of agriculture (extension) & insecticides inspector, hanumangarh junction, on 17.3.2006 alleging .....Tag this Judgment!