AI Overview...
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Inherent Power of High Court to Restore Dismissed Petitions - The Gauhati High Court has recognized its inherent power under Section 482 Cr.P.C. to restore petitions that were dismissed for default or non-prosecution, provided the default was not intentional or inexcusable. This power allows the court to prevent miscarriage of justice and ensure substantive hearing of the matter Sufian Uddin VS Shifa Begum - Gauhati, Haji Sabajuddin Ahmed VS Banamali Das - Gauhati, Murti Dhar Singh VS Vijendra Singh Jafa - Gauhati, 01400085995, Daanish Haque VS Central Bureau of Investigation - Calcutta.
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Scope and Limitations of Section 482 Cr.P.C. - The High Court's power under Section 482 is broad but must be exercised judiciously, especially when orders are dismissed for default or non-prosecution. Restoration is permissible where injustice is evident, and the default was not deliberate, emphasizing the court’s role in substantive justice over procedural technicalities Haji Sabajuddin Ahmed VS Banamali Das - Gauhati, Murti Dhar Singh VS Vijendra Singh Jafa - Gauhati, 01400085995.
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Procedural Considerations and Fair Opportunity - In cases where orders were challenged, courts have emphasized the importance of giving parties an opportunity to be heard before dismissing or restoring petitions, aligning with principles of natural justice Santosh Kumar Keyal VS Durga Dutta Biswanath - Gauhati.
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Judicial Discretion and Preventing Injustice - The courts have held that their inherent powers enable them to set aside dismissals for default to avoid injustice, especially where the failure to prosecute was not wilful or where substantive rights are at stake Haji Sabajuddin Ahmed VS Banamali Das - Gauhati, Murti Dhar Singh VS Vijendra Singh Jafa - Gauhati, 01400085995.
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Specific Cases and References - The judgments referenced include dismissals of petitions under Section 482 by the Gauhati High Court, with subsequent restorations granted in some instances, reinforcing the court’s discretion to revive petitions to ensure fair adjudication Sufian Uddin VS Shifa Begum - Gauhati, Haji Sabajuddin Ahmed VS Banamali Das - Gauhati, Murti Dhar Singh VS Vijendra Singh Jafa - Gauhati, 01400085995.
Analysis and Conclusion:
The Gauhati High Court, along with other courts, affirms its inherent power under Section 482 Cr.P.C. to restore petitions dismissed for default or non-prosecution, provided such dismissals are not deliberate or unjust. This power is vital for preventing miscarriage of justice and ensuring substantive hearing of cases. While procedural rules are important, courts prioritize substantive justice, exercising their discretion to restore petitions where appropriate, thus safeguarding the rights of parties involved Sufian Uddin VS Shifa Begum - Gauhati, Haji Sabajuddin Ahmed VS Banamali Das - Gauhati, Murti Dhar Singh VS Vijendra Singh Jafa - Gauhati, 01400085995, Daanish Haque VS Central Bureau of Investigation - Calcutta.
Search Results for "482 Petition Dismissed for Non Prosecution Restored by Gauhati High Court"
2014 0 Supreme(Gau) 520 • India - Gauhati
A.K.GOSWAMI
, as also the power which inheres in every court to dismiss an application. – Petition Dismissed ... the High Court under Section 482 Cr. ... , the order by which the learned Magistrate restored the case to file is not under challenge in this petition – Said order is also ... Therefore, it was further held that, in exercise of inherent powers of the High Court under Section 482 Cr. P.C., the #HL_....
1982 0 Supreme(Gau) 103 • India - Gauhati
K.N.SAIKIA
CRIMINAL REVISION - RESTORATION OF DISMISSED PETITION - APPLICABILITY OF SECTION 362 CR.P.C. - INHERENT POWERS OF HIGH COURT UNDER ... Fact of the Case: A criminal revision petition was dismissed for default of appearance by the High Court. ... Whether the High Court has inherent powers under Section 482 Cr.P.C. to set aside the order of dismissal and restore the peti....
2001 0 Supreme(Gau) 306 • India - Gauhati
J.N.SARMA, AFTAB H.SAIKIA
Fact of the Case: The criminal revision petition was dismissed for non-prosecution due to the absence of the petitioners ... Petition No.495/96 to its file. ... Section 482 - Power of High Court - Sections 362 and 482 of the Code of Criminal Procedure - The court examined the correctness ... , and where glaring injustice states the Court at the face, such an order can be set aside and the #HL_ST....
2013 0 Supreme(Gau) 394 • India - Gauhati
C.R.SARMA
justice by restoring the complaint, without giving any opportunity of being heard to the accused person - Set aside impugned order – Petition ... evidence - Date fixed for evidence complainant i.e. respondent was found absent without any steps and accordingly, the learned SDJM dismissed ... complaint under 256 Cr.P.C. and acquitted accused person - Held, In absence of any statutory provision for restoration of a complaint, dismissed ... In view of the above, we hold that the impugned order, dated 07.06.2012, restoring the complaint #HL_ST....
• India - Crimes
DIPAK MISRA, PRAFULLA C.PANT
under Section 482 of the Code which was dismissed by the High Court. ... ... Result : Appeal dismissed. ... The appellant challenged the First Information Report by filing a petition ... This appeal is directed against judgment and order dated 20.3.2014, passed by the Gauhati High Court in Criminal Petition No. 287 of 2009, whereby said Court has dismissed the petitio....
2015 4 Supreme 222 • India - Supreme Court
DIPAK MISRA, PRAFULLA C.PANT
The appellant challenged the First Information Report by filing a petition ... ... This appeal is directed against judgment and order dated 20.3.2014, passed by the Gauhati High Court in Criminal Petition No. 287 of 2009, whereby said Court has dismissed the petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “the Code”) and declined ... Therefore, we are not inclined to interfere with the order passed by ....
2015 0 Supreme(All) 3489 • India - Allahabad
ADITYA NATH MITTAL
Whether the High Court had inherent power under Section 482 CrPC to restore the petition dismissed for default. 3. ... of the petition for want of prosecution. ... The High Court has inherent power under Section 482 CrPC to restore petitions dismissed for default, provided the default was not ... The High Court#HL_EN....
2005 0 Supreme(Bom) 657 • India - Bombay
N.A.BRITTO
- Applicant prayed for restoration of revision application dismissed for non-prosecution on 21.4.2004 - Applicant/accused convicted ... power of High Court - Revision application - Dismissed for default - Miscellaneous application for restoration - Order of dismissal ... accused directed to undergo 10 days, SI and pay compensation of Rs. 10,000/- Revision against before High Court - None appeared on ... ... ( 4 ) THE applicant has now invoked the ju....
2024 0 Supreme(Cal) 1256 • India - Calcutta
SHAMPA DUTT (PAUL)
dismissed for lack of prosecution. ... Section 482 to recall orders dismissed for default, distinguishing between alteration or review of judgment and recall of an order ... (Paras 1-30) ... ... (B) Inherent powers of High Court - The High Court has inherent powers under ... The High Court has also inherent power to restore any matter dismissed for default or non#HL_E....
2018 0 Supreme(Gau) 1368 • India - Gauhati
SONGKHUPCHUNG SERTO
in his defense and Return LCRs through Arunachal Pradesh – Petition is dismissed ... would be sending a wrong message if such petition is allowed at this stage and as stated above statements victim was recorded under ... was done voluntarily and even if it was Signed voluntarily crime was committed when victim was a minor and circumstance of case Court ... All the pleas taken by the petitioner No. 2 may be submitted before the learned Trial Court in his defence. The petition is #HL_ST....
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