Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court
2 years, 8 months ago

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently set aside the order of lower court allowing revision against rejection of application under Section 91 CrPC, reiterating that the impugned order was interlocutory in nature and therefore no revision lies against it. Justice Atul Shreedharan was dealing with an application under Section 482 CrPC, moved by the Applicant who was aggrieved by the order of the lower court allowing revision against rejection of an application under Section 91 CrPC, moved by his wife. Placing reliance on the decision of the Apex Court in Sethuraman v. Rajamanickam, the Applicant argued that the impugned order was bad in law since the power of revision was exercised to allow a petition against rejection of Application under Section 91 CrPC, which is inherently interlocutory in nature. Referring to the decision of the Apex Court in Sethuraman case, the Court noted that it is categorical regarding orders deciding applications under Sections 91 and 311 CrPC are interlocutory in nature.

Jurisdiction Court Application Order Applicant Revision Passed Crpc Sethuraman Interlocutory 91 Crpc Section 91 Crpc  pradesh  lies  applicant  jurisdiction  91  madhya  application  interlocutory  high  disposing  order  court  revision  crpc  passed

History of this topic

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
1 week, 5 days ago

High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court

Live Law  

The Bombay High Court bench of Justices Shailesh P. Brahme and S.G. Mehare has held that the jurisdiction of the High Court under Article 226/227 of the Constitution is not excluded from examining the validity of the interlocutory orders passed by the Arbitrator. S.B.P and Co. the Supreme Court has held that “the object of minimizing judicial intervention while the …

Judicial Forum Not For Harassing A Person, But To Protect Parties' Rights: Madhya Pradesh HC Pulls Up Complainant For Suppressing Facts
1 month ago

Judicial Forum Not For Harassing A Person, But To Protect Parties' Rights: Madhya Pradesh HC Pulls Up Complainant For Suppressing Facts

Live Law  

While quashing a complaint filed under Section 156 of Cr.P.C., the Jabalpur bench of the Madhya Pradesh High Court expressed its displeasure with the act of the alleged complainant after noting that he had filed a "false affidavit" stating that the police authorities did not act or conduct an inquiry upon his complaint. The judicial forum is not available for …

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court
1 month ago

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court

Live Law  

While directing restoration of the criminal proceedings against Kerala MLA Antony Raju in an evidence tampering case, the Supreme Court today held that the bar on taking of cognizance under Section 195 CrPC was not attracted in the case, as the proceedings were initiated against Raju pursuant to a judicial order. "the initiation of the present proceedings in the present …

Order Passed U/S 148A(d) Income Tax Act Is Not Appealable, Writ Jurisdiction Can Be Invoked: Madhya Pradesh High Court
1 month, 1 week ago

Order Passed U/S 148A(d) Income Tax Act Is Not Appealable, Writ Jurisdiction Can Be Invoked: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that an order passed under Section 148A of the Income Tax Act 1961 is not an appealable order, therefore, the only remedy with an aggrieved party is to invoke writ jurisdiction of the High Court. In this scheme, a division bench of Justices Vivek Rusia and Binod Kumar Dwivedi observed, “Admittedly, the order …

Supreme Court Stays HC Order Which Set Aside Discharge Of TN Ministers KKSSR Ramachandran & Thangam Thenarasu In DA Case
3 months, 2 weeks ago

Supreme Court Stays HC Order Which Set Aside Discharge Of TN Ministers KKSSR Ramachandran & Thangam Thenarasu In DA Case

Live Law  

The Supreme Court on Friday stayed the order of the Madras High Court which set aside the discharge of Tamil Nadu Ministers KKSSR Ramachandran,Thangam Thenarasu and their spouses in disproportionate assets cases.A bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra passed the interim order while issuing notice on their special leave petitions.Senior Advocates. The Supreme Court on Friday stayed …

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court
4 months, 1 week ago

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court

Live Law  

The Karnataka High Court has held that an application under Section 311 Criminal Procedure Code cannot be allowed in cases where such applications are filed only to drag the proceedings/trial. The court said, “The case forms a classic illustration of one such action being initiated only to drag the proceedings, as the petitioner has filed an application under Section 311 …

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates
5 months ago

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates

Live Law  

In a recent judgment, the High Court of Andhra Pradesh addressed the issue of interim maintenance in a domestic violence case, emphasizing the importance of granting maintenance from the date of application. Relying on the judgment of the Supreme Court's decision in Rajnesh v. Neha, which recommended granting maintenance from the date of application in all cases to ensure justice …

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
7 months, 2 weeks ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

Live Law  

SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 Citations 2024 LiveLaw 269 to 2024 LiveLaw 290 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Pankaj Singh v. State of Haryana, 2024 LiveLaw 274 Criminal procedure Code 1973; Section 439 and National Investigation Agency Act, 2008; Section 21 …

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench
8 months, 1 week ago

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench

Live Law  

The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156 CrPC to investigate a cognizable offence.A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and …

[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect
8 months, 2 weeks ago

[NI Act] MP High Court Refuses Permission To Rectify Incorrect Mention Of Cheque Dates In Complaint, Says It's A Substantial Defect

Live Law  

Madhya Pradesh High Court has iterated that the defect of mentioning incorrect dates of cheque in the complaint cannot be cured since there is no provision in the CrPC to amend the criminal complaint. Justice Verma, therefore, opined that the trial court had committed an error by allowing the application for making amendments to the original complaint filed under Section …

HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside Allahabad HC's Order Passed Without Hearing Parties
9 months, 1 week ago

HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside Allahabad HC's Order Passed Without Hearing Parties

Live Law  

The Supreme Court on Monday set aside the order of the Allahabad High Court passed in gross violation of the principle of natural justice whereby the order was passed without hearing to the opposite parties.Terming the order of the High Court as arbitrary and perverse, the Bench Comprising Justices BR Gavai and Sandeep Mehta found that the order was passed …

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case
9 months, 1 week ago

Magistrate Had No Jurisdiction To Entertain Criminal Cases Against MPs/MLAs: Madhya Pradesh HC Grants Relief To Ex-MLA Sumitra Devi In False Affidavit Case

Live Law  

While holding that the Judicial Magistrate First-Class at Burhanpur had no authority to entertain a criminal complaint filed against former Nepanagar MLA Sumitra Devi, the Madhya Pradesh High Court has directed the trial court to forward the complaint under S.156 CrPC to the designated special judge of Indore District Court. “…Since the question of competency and jurisdiction of the court …

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court
9 months, 1 week ago

Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court

Live Law  

The Allahabad High Court has held that the power conferred under Section 451 of CrPC should be exercised by the criminal courts with a judicious mind and without any unnecessary delay. Similarly, taking into account the mandate of Sectio 457 CrPC, the Court added the procedure as contemplated under this provision be also followed promptly, so that the concerned Magistrate …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
9 months, 4 weeks ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Prima Facie Proof Needed To Interpret S. 8 Invocation, M.P High Court Applies Prima Facie Approach, Dismisses Revision Based On Lack Of Proof
10 months, 1 week ago

Prima Facie Proof Needed To Interpret S. 8 Invocation, M.P High Court Applies Prima Facie Approach, Dismisses Revision Based On Lack Of Proof

Live Law  

The High Court of Madhya Pradesh bench comprising Justice Achal Kumar Paliwal dismissed a revision petition seeking to invoke Section 8 of the Arbitration and Conciliation Act, 1996 based on a dispute related to the transfer of cheques under a partnership deed. The High Court noted there was no record suggesting that the mentioned amount was provided to the Petitioner …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
10 months, 1 week ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

Supreme Court sets aside HC order criticising Collegium & CM Jagan
10 months, 2 weeks ago

Supreme Court sets aside HC order criticising Collegium & CM Jagan

New Indian Express  

NEW DELHI: In a relief to the Andhra Pradesh government, the Supreme Court on Friday quashed a controversial order passed by the State High Court in which Justice Rakesh Kumar had strongly slammed the Collegium and Chief Minister YS Jagan Mohan Reddy. The bench was hearing an appeal filed by the State government challenging a December 31, 2020 order passed …

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court
10 months, 3 weeks ago

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 of the Family Courts Act.For context as per Section 19 of the Family Court, an appeal shall lie from every judgment or order, …

Supreme Court nullifying remission orders for convicts in Bilkis Bano case is a course correction
11 months ago

Supreme Court nullifying remission orders for convicts in Bilkis Bano case is a course correction

The Hindu  

The apex court order includes a scathing rebuke to the Gujarat government and underscores subversion of judicial process. Instead of filing a review petition before the Supreme Court to say that it was not the appropriate government, the Gujarat government considered the application under its 1992 remission policy, which was cancelled in 2014. The May 2022 order was per incuriam …

S. 125 CrPC | Order For Interim Maintenance Not An Interlocutory Order, Can Be Challenged In Revision: Allahabad High Court
1 year ago

S. 125 CrPC | Order For Interim Maintenance Not An Interlocutory Order, Can Be Challenged In Revision: Allahabad High Court

Live Law  

Recently, the Allahabad High Court held that an order of interim maintenance during the pendency of application under Section 125 CrPC is not an interlocutory order and thus, can be challenged before the High Court in revision. and another wherein Allahabad High Court had held that the order passed under Section 125 CrPC granting interim maintenance is an interlocutory order …

Persons Not Affected By Order Challenged In Revision Petition Not Necessary Parties, Cannot Seek Recourse To Section 401(2) CrPC: Delhi HC
1 year ago

Persons Not Affected By Order Challenged In Revision Petition Not Necessary Parties, Cannot Seek Recourse To Section 401(2) CrPC: Delhi HC

Live Law  

While dealing with a plea filed by M/s Bennett Coleman, Justice Amit Sharma of the Delhi High Court recently observed that the words “other persons” under Section 401 CrPC cannot be construed as wide enough to include persons not affected by the order challenged in the revision petition. The petitioners' counsel argued that the words 'accused' or 'other person' in …

Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court
1 year ago

Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court

Live Law  

The Madras High Court recently observed that the orders passed under Section 194 of the Code of Criminal Procedure are purely administrative in nature and cannot be challenged unless they are apparently illegal and passed without any application of mind. Justice G Ilangovan of the Madurai bench dismissed a plea preferred by an accused seeking for transfer of his trial …

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint
1 year, 1 month ago

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint

Live Law  

Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused.Justice Jasjit Singh Bedi said, "A perusal of Section 401 Cr.P.C. Observing that …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 1 month ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law  

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court
1 year, 2 months ago

High Court's Revisional Jurisdiction U/S 401 CrPC Limited, Can’t Interfere With Trial Court's Conclusions Unless Manifestly Illegal: MP High Court

Live Law  

Madhya Pradesh High Court has reiterated that the scope of revisional jurisdiction wielded by the High Court under Section 401 CrPC is limited and it cannot be put to use for reversing the conclusions reached by the courts below. Adding to this, the single-judge bench of Justice Prem Narayan Singh sitting at Indore also noted that the High Court cannot …

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court
1 year, 3 months ago

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently invalidated a transfer order and a relieving order issued to an individual holding the position of Superintendent Engineer within the M.P. The division bench of Justices S. A. Dharmadhikari and Hirdesh observed, “Admittedly, there is approval of the Managing Director before passing the impugned transfer order and relieving order. The appellant had challenged a …

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case
1 year, 4 months ago

Supreme Court Asks MP HC To Relook Case Of Judge Aspirant Whose Selection Was Cancelled Over 'False' Dog Bite Case

Live Law  

The Supreme Court recently asked the Madhya Pradesh High Court to have a relook the case of a judicial aspirant, whose name was deleted from the merit list of the Madhya Pradesh Judicial Services Examination, 2019 due to a "false" criminal complaint. A Division Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia in its order made a prima facie …

In Case Of Circumstantial Evidence, Chain Has To Be Complete In All Respect : Supreme Court
1 year, 6 months ago

In Case Of Circumstantial Evidence, Chain Has To Be Complete In All Respect : Supreme Court

Live Law  

Reiterating that in a case of circumstantial evidence, "the chain has to be complete in all respects so as to indicate the guilt of the accused and also exclude any other theory of the crime," the Supreme Court has set aside the conviction and life sentence awarded to the accused in the murder case by the Madhya Pradesh High Court …

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court
1 year, 6 months ago

S.319 Cr PC| Person Not Named In FIR Can Be Added As Accused If There's Sufficient Evidence Of His Involvement : Supreme Court

Live Law  

The Supreme Court recently upheld an order of Allahabad High Court which dismissed an appeal filed by a person, who was not named in the FIR, under Section 14A of the Scheduled Castes and Scheduled Tribes Act, 1989 against a summoning order to face the trial passed by a Special Court in exercise of power its under Section 319 of …

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
1 year, 7 months ago

Supreme Court Upholds Acquittal Of A Death Row Convict By High Court

Live Law  

The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances beyond reasonable doubt. Arguments The Counsel appearing for the State submitted before the Court that the testimony …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 7 months ago

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC

Live Law  

“In the exercise of this wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The Supreme Court held that even when the …

Sub-Divisional Officer Expected To Pass Judicial Order Under Section 145 CrPC With Full Reasoning And Discussion: Patna High Court
1 year, 8 months ago

Sub-Divisional Officer Expected To Pass Judicial Order Under Section 145 CrPC With Full Reasoning And Discussion: Patna High Court

Live Law  

While setting aside an order passed by Sub-Divisional Officer, Nakatiaganj, the Patna High Court held that an order passed by the authority under Section 145 CrPC is in the nature of a judicial order and not an administrative order. Sub-Divisional Officer Nakatiaganj may be holding the executive post but at the time of deciding the proceeding under Section 145 of …

Upload Orders On Websites, Give Reasons For Adjournments: Karnataka High Court Issues Directions For Quasi-Judicial Authorities
1 year, 8 months ago

Upload Orders On Websites, Give Reasons For Adjournments: Karnataka High Court Issues Directions For Quasi-Judicial Authorities

Live Law  

The Karnataka High Court has directed the Principal Secretary to Department of Rural Development and Panchayat Raj to explore the possibility of making available hybrid hearings through video conferencing, at all quasi judicial authorities. Secretary to explore the possibility of making available similar facilities at all quasi judicial authorities, so as to enable easy access to justice to the citizens …

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer
1 year, 8 months ago

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

Live Law  

In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations. In …

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court
1 year, 9 months ago

Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court

Live Law  

The Supreme Court reiterated the though exercise of jurisdiction under Section 319 of the Code of Criminal Procedure is discretionary, it ought to be done only where strong and cogent evidence occurs against a person from the evidence before the Court. filed by a complainant for summoning of the appellant as an additional accused, a Bench comprising Justice AS Oka …

No Incriminating Material Found During Search: Madhya Pradesh High Court Dismisses Department’s Appeal
1 year, 10 months ago

No Incriminating Material Found During Search: Madhya Pradesh High Court Dismisses Department’s Appeal

Live Law  

The Madhya Pradesh High Court's Indore Bench dismissed the department's appeal, ruling that no incriminating documents were discovered during the search.The division bench of Justices Sushrut Arvind Dharmadhikari and Prakash Chandra Gupta observed that the order in appeal did not suffer any illegality that would give rise to a proposed substantial question of law.The department raised the. The Madhya Pradesh …

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC
1 year, 10 months ago

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court at Indore recently, while dismissing a petition filed challenging an order recalling a witness, reiterated that if the conditions under Section 311 of CrPC are satisfied, the Court can recall a witness at any stage of the trial, even after closing prosecution evidence.Justice Vijay Kumar Shukla observed that,It is crystal clear that the Court has …

Civil Court Cannot Adopt "Shortcuts" To Dispose Case Even If Higher Court Ordered Expeditious Trial: Madhya Pradesh High Court
1 year, 10 months ago

Civil Court Cannot Adopt "Shortcuts" To Dispose Case Even If Higher Court Ordered Expeditious Trial: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently observed that the even if it has directed the civil court to expedite trial in a matter, the court below cannot adopt shortcut methods to dispose of the case. The bench comprising Justice Subodh Abhyankar added that in case of any difficulty, the trial court is always at liberty to seek guidance …

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted
1 year, 11 months ago

Madhya Pradesh High Court Allows Litigant To Withdraw Suit And File It Afresh, 7 Years After It Was Instituted

Live Law  

The High Court of Madhya Pradesh,Indore Bench recently allowed an application under Order 23 Rule 1 and 3 of the CPC moved by a litigantto withdraw his suit with liberty to file it afresh, more than seven years after the case was instituted before a Civil Judge in Dewas. Thus in my opinion the reasons given by theplaintiff in his …

Section 36 CrPC | Parallel Enquiry Not Maintainable During Pendency Of Investigation: Madhya Pradesh High Court
2 years, 1 month ago

Section 36 CrPC | Parallel Enquiry Not Maintainable During Pendency Of Investigation: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently held that a parallel enquiry ordered under Section 36 CrPC is not maintainable during the pendency of the investigation. Ahluwalia directed the Investigating Officer not to consider the same for the purpose of investigation- Thus, it is clear that the parallel enquiry under Section 36 of CrPC is not maintainable during the …

Further Investigation/Reinvestigation Can Be Ordered By High Court Under Section 482 CrPC In Appropriate Cases: Supreme Court
2 years, 2 months ago

Further Investigation/Reinvestigation Can Be Ordered By High Court Under Section 482 CrPC In Appropriate Cases: Supreme Court

Live Law  

The Supreme Court observed that the inherent powers under Section 482 CrPC can be exercised by a High Court to direct further investigation or even reinvestigation in an appropriate case. "The provisions of Section 173 CrPC do not limit or affect such powers of the High Court to pass an order under Section 482 CrPC for further investigation or reinvestigation, …

Review Of Judgment/Order Passed Under Section 11 Of The A&C Act Is Not Permissible: Andhra Pradesh High Court
2 years, 2 months ago

Review Of Judgment/Order Passed Under Section 11 Of The A&C Act Is Not Permissible: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that review of an order/judgment passed under Section 11 of the A&C Act is not permissible. The Court held that the A&C does not, either expressly or by implication, provide for any review of an order passed under Section 11 of the Act, therefore, the Court cannot review such an order on its …

Status Quo Order U/S 151 CPC Not Sustainable When There Is Express Provision Provided Under The Code: Madhya Pradesh High Court
2 years, 3 months ago

Status Quo Order U/S 151 CPC Not Sustainable When There Is Express Provision Provided Under The Code: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently held that an order of status quo passed by a court in exercise of its power under Section 151 CPC is not sustainable since there is an express provision provided for the same under the Code of Civil Procedure. Even, status quo order could not have been granted by the Appellate Court exercising the …

S.200 CrPC | Magistrate Can Implead Co-Accused Even After Taking Cognizance Of Crime & Committal To Competent Court: MP High Court
2 years, 3 months ago

S.200 CrPC | Magistrate Can Implead Co-Accused Even After Taking Cognizance Of Crime & Committal To Competent Court: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that a JMFC who had taken cognizance of a matter and committed the same to sessions court, can also entertain an application under Section 200 CrPC later, to implead other co-accused in the same crime. Disagreeing with the observations of JMFC, the sessions court set aside the order of rejection and …

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court
2 years, 3 months ago

S.482 CrPC Petition Maintainable In Exceptional Cases Where Remedy Of Revision U/S 397 CrPC Is Also Available: Andhra Pradesh High Court

Live Law  

In a recent case, the Andhra Pradesh High Court held that a petition under Section 482 CrPC is maintainable as the Court below was erroneous in passing orders under Section 451 CrPC to freeze amounts in petitioner's account which had no reasonable connection with any commission of an offence. The Court relied on the Supreme Court decision in Prabhu Chawla …

"Perverse": Supreme Court Sets Aside HC Order Discharging Rape Accused On Sole Ground Of Delay In Lodging FIR
2 years, 4 months ago

"Perverse": Supreme Court Sets Aside HC Order Discharging Rape Accused On Sole Ground Of Delay In Lodging FIR

Live Law  

The Supreme Court recently set aside a judgment of the Madhya Pradesh High Court which discharged a rape accused on the ground of delay in the registration of the First Information Report.The bench comprising Justices DY Chandrachud and JB Pardiwala observed that the High Court judgment is perverse and utterly incomprehensible. The Supreme Court recently set aside a judgment of …

Order XLVII Rule 9 CPC | Second Review Application Not Maintainable: Madhya Pradesh High Court
2 years, 4 months ago

Order XLVII Rule 9 CPC | Second Review Application Not Maintainable: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently held that pursuant to the provision under Order XLVII Rule 9 CPC, a review of an order passed in a review petition is not maintainable. The said petition was dismissed against which a review petition was filed under Order XLVII Rule 1 CPC. Per contra, the State brought the attention of the Court to …

Notice Of Proceeding Under Section 11 Of The A&C Act Is A Mandatory Requirement: Madhya Pradesh High Court
2 years, 4 months ago

Notice Of Proceeding Under Section 11 Of The A&C Act Is A Mandatory Requirement: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that it is mandatory for a High Court to issue notice of application under Section 11 of the A&C Act and non-compliance of which would vitiate the entire proceeding for appointment of arbitrator. The High Court did not issue a notice of proceeding under Section 11 of the A&C Act, however, at the …

All High Courts Weekly Round Up [July 25, 2022 - July 31, 2022]
2 years, 4 months ago

All High Courts Weekly Round Up [July 25, 2022 - July 31, 2022]

Live Law  

Allahabad High Court NOMINAL INDEX Srinivas And Ors. Allahabad High Court Case Title : VAISHALI VARSHIKAR v VIJAY MOURYA and anr Citation: 2022 LiveLaw 177 The Madhya Pradesh High Court, Indore Bench, recently rejected an application for cancellation of bail of a person on the ground that his bail order had not conditioned him to not get involved in any …

Powers U/S 482 CrPC To Be Exercised Sparingly, Particularly When Section 302 Is Involved: Gujarat High Court
2 years, 4 months ago

Powers U/S 482 CrPC To Be Exercised Sparingly, Particularly When Section 302 Is Involved: Gujarat High Court

Live Law  

Justice Niral R Mehta of the Gujarat High Court has declined to exercise its extraordinary jurisdiction under Section 482 of CrPC to quash the FIR particularly, when the offence of Sec 302 was involved. Ltd. vs. State of Maharashtra and other 'celebrated judgements' of the Supreme Court to conclude that the power of quashing FIR should be exercised sparingly, with …

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