Abuse of Process Archives

Karnataka HC | Memorandum of settlement arrived during divorce proceedings cannot be questioned on the ground of husband’s re-marriage, unless an element of fraud is involved

The Karnataka High Court strictly admonished the petitioner for abusing every jurisdiction of law but refused to impose exemplary costs as the same would only increase the agony of the petitioner, whose marriage was annulled albeit with consent.

Case Briefs Foreign Courts

Constitutional Court of South Africa | Defence of SLAPP well accommodated in Doctrine of Abuse of Process to ensure Court’s own protection

Constitutional Court of South Africa | A bench comprising of Kollapen, Madlanga, Majiedt*, Mathopo, Mhlantla, Theron, Tshiqi, JJ., Mlambo and

Case Briefs Supreme Court

Curtailing vexatious litigation is a crucial step towards a more effective justice system; Supreme Court examines role of lower judiciary in preventing abuse of process

The Magistrates are the first lines of defence for both the integrity of the criminal justice system, and the harassed and distraught litigant.

Case Briefs Supreme Court

“A classical case of how civil proceedings can be prolonged ad infinitum”, SC imposes costs of Rs. 1 lakh for dragging execution proceedings in an eviction case for 12 years

Supreme Court: The Division Bench comprising of Sanjay Kishan Kaul and R. Subhash Reddy, JJ., addressed the instant petition regarding landlord-tenant dispute,

Case Briefs Supreme Court

PIL seeks ban on sale of Coca cola, Thums Up; SC imposes fine of Rs. 5 Lakhs for abuse of process

Supreme Court: The 3-judge bench of Dr. DY Chandrachud, Hemant Gupta and Ajay Rastogi, JJ has imposed a fine of Rs 5,00,000

Case Briefs High Courts

HP HC | Courts must have due regard to nature and gravity of the crime when dealing with compounding of offence through inherent powers

Himachal Pradesh High Court: Vivek Singh Thakur, J. contemplated a petition filed under Section 482 of CrPC, where the petitioner arrived at

Case Briefs High Courts

Ker HC | Act of merely introducing a person to a bank for opening an account, when such person later cheats the bank, not an offence

Kerala High Court: The Bench of R. Narayana Pisharadi, J. quashed criminal proceedings against a person accused of cheating a bank holding

Case Briefs High Courts

Pat HC | Distribution of money among office bearers of NGO purely a civil dispute; criminal proceedings abusing process of court quashed

Patna High Court: The Bench of Ahsanuddin Amanullah, J. hearing an application under Section 482 of the Code of Criminal Procedure, 1973,

Case Briefs Supreme Court

Power of HC under Section 482 CrPC to prevent abuse of process not restricted only to stage of filing of FIR: SC

Supreme Court: A Bench comprising of S.A. Bobde and L. Nageswara Rao, JJ. allowed an appeal filed against the judgment of the Delhi

Case Briefs High Courts

Objector claiming arms length distance from judgment-debtors can’t represent their interest; held “abuse of process of Court”: Delhi HC

Delhi High Court: A Single Judge Bench comprising of Rajiv Sahai Endlaw, J., dismissed an execution first appeal filed against the order

Case Briefs Foreign Courts

Abuse of process and denial of justice: Only two grounds for refusing a stay in cases of an EJC clause

Supreme Court of Singapore: A Five Judge Bench comprising of Sundaresh Menon, CJ., Andrew Phan Boon Leong, Judith Prakash, Tay Yong Kwang,

Case Briefs High Courts

Ambit of inherent powers conferred upon High Courts: Not limited to the specific cases laid down under criminal and civil laws

Jammu & Kashmir High Court: A Single Judge Bench of M.K. Hanjura, J., allowed a petition under Section 561-A of CrPC, 1989

Case Briefs High Courts

“High court cannot hold a parallel trial while exercising power under Section 482 CrPC”, reiterates Gauhati HC

Gauhati High Court: A Single Judge Bench comprising of Mir Alfaz Ali, J., dismissed a criminal petition filed under Section 482 CrPC