Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
HC, exercising its inherent jurisdiction sparingly to prevent miscarriage of justice, entertained a criminal revision under s.138 NI Act notwithstanding prior dismissal of appeal and affirmed conviction. The Court held that inherent power is available only where no adequate statutory remedy exists or where special circumstances justify intervention, and may be invoked to give effect to the substantive justice embodied in a bona fide compromise. Finding a valid out-of-court Memorandum of Compromise between the parties, the HC disposed of the revision in terms of that compromise, thereby modifying the earlier outcome and concluding proceedings between the anonymized applicant and respondent pursuant to the compromise.
HC, exercising its inherent jurisdiction sparingly to prevent miscarriage of justice, entertained a criminal revision under s.138 NI Act notwithstanding prior dismissal of appeal and affirmed conviction. The Court held that inherent power is available only where no adequate statutory remedy exists or where special circumstances justify intervention, and may be invoked to give effect to the substantive justice embodied in a bona fide compromise. Finding a valid out-of-court Memorandum of Compromise between the parties, the HC disposed of the revision in terms of that compromise, thereby modifying the earlier outcome and concluding proceedings between the anonymized applicant and respondent pursuant to the compromise.
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