Family Court Orders U/s 125 CrPC Are Revisable, Sec. 482 Petitions Not Maintainable: Uttarakhand HC [Read Judgment]
6 years, 4 months ago

Family Court Orders U/s 125 CrPC Are Revisable, Sec. 482 Petitions Not Maintainable: Uttarakhand HC [Read Judgment]

Live Law  

‘An order passed under Proviso to sub section of Section 125 of Cr.P.C. rejecting or allowing an application for maintenance, pending proceedings, is not an interlocutory order which adjudicates the rights of the parties to some extent.’The Uttarakhand High Court has held that a revision petition against a family court order passed under Section 125 of the Code of Criminal Procedure. rejecting or allowing an application for maintenance, pending proceedings, is not an interlocutory order which adjudicates the rights of the parties to some extent.’ The Uttarakhand High Court has held that a revision petition against a family court order passed under Section 125 of the Code of Criminal Procedure is maintainable. It said: “This Court is of the view that an order passed under Proviso to sub section of Section 125 of Cr.P.C. It has been held that such an order is amenable to revisional jurisdiction of this Court.” On the maintainability of Section 482 petitions, the court added: “The powers of High Court under Section 482 of Cr.P.C.

High Court Court Maintenance Uttarakhand Application Order Revision Passed Section 482 Some Extent Section 125 Of 125 Maintainable Such An Order Sub Section Read Judgment Pending Proceedings Sec 482 482 Petitions Sec 482 Petitions  125  revision  maintenance  allowing  read  judgment  maintainable  crpc  application  court  family  revisable  order  uttarakhand  sec  482  petitions  orders  passed  hc

History of this topic

No Illegality In Considering S.319 CrPC Application After Trial Based On HC's Revision Order : Supreme Court
2 weeks, 6 days ago

No Illegality In Considering S.319 CrPC Application After Trial Based On HC's Revision Order : Supreme Court

Live Law  

In a key ruling on Section 319 of Cr.P.C., the Supreme Court on Thursday held that while the power to summon an additional accused must be exercised before the trial concludes, if a pre-trial application for summoning is rejected and the High Court, in revision, sets aside the rejection and orders reconsideration, the application cannot be dismissed solely because it …

[Municipal Corporation Act] Writ Petition Against District Judge's Order Upholding Imposition Of Property Tax Not Maintainable: Chhattisgarh HC
2 months, 1 week ago

[Municipal Corporation Act] Writ Petition Against District Judge's Order Upholding Imposition Of Property Tax Not Maintainable: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has held that it cannot exercise writ jurisdiction against an order by the District Judge, which is the Appellate Authority under the Municipal Corporation Act 1956, upholding imposition of property tax. In doing so, single judge Justice Narendra Kumar Vyas cited Section 149 of the Act which prescribes that the Appellate Authority is amenable to revisional …

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial
2 months, 2 weeks ago

PC Act | Whether Sanction Granted By Competent Authority Matter Of Evidence : Supreme Court Sets Aside HC Order Which Invoked S.482 CrPC To Quash Trial

Live Law  

The question whether sanction for prosecution under the Prevention of Corruption Act, 1988 was granted by a competent authority is a matter of evidence, observed the Supreme Court, while setting aside an order of the High Court which quashed the proceedings in exercise of powers under Section 482 CrPC. A bench comprising Justice Bela M Trivedi and Justice Prasanna B …

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates
2 months, 2 weeks ago

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition. The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against …

Party Can't Bypass Sessions Court And Directly Move High Court In Revision Against Order Framing Charge, Court Already Flooded: Rajasthan HC
2 months, 2 weeks ago

Party Can't Bypass Sessions Court And Directly Move High Court In Revision Against Order Framing Charge, Court Already Flooded: Rajasthan HC

Live Law  

Justice Anoop Kumar Dhand in his order said, " This Court is already flooded with lot of Criminal Miscellaneous Petitions under Section 482 Cr.P.C. or both the High Court and the Sessions Court have concurrent jurisdiction under Section 397 Cr.P.C. Section 397, CrPC lays down the revisional powers of the High Court and the Sessions Court.The Court was hearing a …

KCR, Harish Rao get relief as HC suspends lower court’s order allowing revision case against them
3 months ago

KCR, Harish Rao get relief as HC suspends lower court’s order allowing revision case against them

The Hindu  

Former Chief Minister K. Chandrasekhar Rao of BRS and his former Cabinet colleague T. Harish Rao got relief with the Telangana High Court on Tuesday suspending the order of the Principal Sessions Judge of Jayashankar district allowing a criminal revision petition against them. The judge issued notice to Nagavelli Rajalingamurthy of the district, who filed a private complaint with a …

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court
4 months, 1 week ago

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court

Live Law  

Reiterating that the High Court, as a court of record, derives its power to review judgments under Article 215 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized its obligation and duty to maintain accurate records within its jurisdiction, ensuring justice prevails in accordance with the law. Clarifying the mandate and obligation of the …

Order 47 Rule 1 CPC | Review Permissible When Error Is Apparent On Record Sans Requirement Of Reappraisal Of Entire Evidence: Allahabad HC
4 months, 2 weeks ago

Order 47 Rule 1 CPC | Review Permissible When Error Is Apparent On Record Sans Requirement Of Reappraisal Of Entire Evidence: Allahabad HC

Live Law  

The Allahabad High Court recently observed that a review is permissible only when an error is apparent on the face of the record without requiring a long-drawn process of reasoning and reappraisal of the entire evidence to find the error, as doing so would amount to exercising appellate jurisdiction. In this regard, the Court referred to Top Court's judgments in …

High Court Allows Writ Petition to Challenge District Judge's Interpretation of Law
5 months ago

High Court Allows Writ Petition to Challenge District Judge's Interpretation of Law

Live Law  

The Delhi High Court has allowed a writ petition filed under Article 227 to overturn the order of the District Judge dismissing a Section 34 petition. The Court observed that the interpretation of Section 42 of the A&C Act by the District Judge was completely erroneous and that the petition could only have been filed in the High Court. The …

High Court Transferring Revision Case to Sessions Court to Avoid Conflict of Jurisdiction: Kerala High Court
5 months, 1 week ago

High Court Transferring Revision Case to Sessions Court to Avoid Conflict of Jurisdiction: Kerala High Court

Live Law  

The Kerala High Court has ruled that Section 402 of the CrPC does not apply when revision is pending before the High Court but appeal is pending before the Sessions Court. The High Court has exercised its inherent power to transfer revision cases to the Sessions Court to avoid a conflict of jurisdiction.

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court
7 months ago

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently ruled that the inherent powers under Section 482 of the Cr.P.C. The petitioners had also cited the Supreme Court's ruling in Gian Singh v. State of Punjab,, to support their argument that the High Court could quash FIRs even in cases involving compoundable offences. Joshi v. State of Haryana,, to reinforce that the inherent …

SC bench to hear Punjab HC’s criticism of its order
7 months, 2 weeks ago

SC bench to hear Punjab HC’s criticism of its order

Hindustan Times  

The Supreme Court on Tuesday took suo motu cognisance of an unusual order issued by a Punjab and Haryana high court judge, who criticised a stay order previously passed by the apex court while commenting that the Supreme Court tends to perceive itself as more “supreme” than it actually is and views high courts as being less “high” than they …

[S.145 CrPC] Attachment Order Cannot Be Passed If There Was No Evidence Of Likelihood Of Breach Of Peace: Meghalaya High Court
9 months ago

[S.145 CrPC] Attachment Order Cannot Be Passed If There Was No Evidence Of Likelihood Of Breach Of Peace: Meghalaya High Court

Live Law  

The Meghalaya High Court has observed that a Magistrate cannot base an attachment order under Section 146 CrPC solely on the inability to determine the possession of the disputed land, if there was no evidence of a likelihood of breach of peace as provided under Section 145 CrPC. After the investigation, police forwarded a report to the Executive Magistrate to …

Second Criminal Revision Petition By Same Person Is Barred But High Court Can Entertain Such Plea U/S 482 CrPC: Punjab & Haryana High Court
9 months ago

Second Criminal Revision Petition By Same Person Is Barred But High Court Can Entertain Such Plea U/S 482 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that the second criminal revision petition by the same person is barred under the Criminal Procedure Code but the High Court can entertain such plea by exercising inherent jurisdiction under Section 482 CrPC.Justice Sumeet Goel observed, "A second criminal revision petition filed by the same person is barred in view of statutory …

Petition U/S 483 CrPC Seeking Direction To Family Court For Expeditious Disposal Of S. 125 CrPC Plea Is Maintainable: Allahabad HC
9 months, 2 weeks ago

Petition U/S 483 CrPC Seeking Direction To Family Court For Expeditious Disposal Of S. 125 CrPC Plea Is Maintainable: Allahabad HC

Live Law  

The Allahabad High Court has held that an application filed under Section 483 CrPC seeking a direction to the Family Court to expedite the disposal of an application under Section 125 CrPC, would be maintainable. A bench of Justice Subhash Vidyarthi clarified that while deciding an application under Section 125 CrPC, the Family Court exercises the jurisdiction of a magistrate. …

Jurisdictional Delineation: Power Of Revisional Court Vis-À-Vis Quashing Of FIR
11 months ago

Jurisdictional Delineation: Power Of Revisional Court Vis-À-Vis Quashing Of FIR

Live Law  

In a significant judgment pronounced recently in the case of Arun P.Gidh v. Chandra Prakash Singh and Ors., a three-judge bench of the Bombay High Court extensively examined the question of revisional court's power to quash an FIR registered pursuant to an order of magistrate under Section 156 Cr.P.C. It can never be inferred that the power of police to …

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
11 months, 2 weeks 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 …

The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate
11 months, 2 weeks ago

The Difference In A Criminal Writ, Criminal Revision And 482 – The Plight Of A Litigant In Choosing The Gate

Live Law  

Section 482 of the CrPC provides for a wide ambit of powers of the High Court to secure the ends of justice. Criminal Revision & When It Should Be Invoked Section 397 of CrPC allows the High Court and Sessions Judge to call and examine the records of criminal courts inferior to them within their territory. For instance, in a …

No appeal on interim maintenance orders: Madras HC
1 year ago

No appeal on interim maintenance orders: Madras HC

New Indian Express  

CHENNAI: A division bench of the Madras High Court has ruled that an appeal cannot be made against orders of interim maintenance given under section 24 of The Hindu Marriage Act or under section 10 of the Family Courts Act, but a revision of such order can be sought under Article 227 of the Constitution in the high court because …

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

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court
1 year ago

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 125 of the Criminal Procedure Code, a daughter-in-law cannot lay a claim for maintenance against her parents-in-law. The petitioners argued that the learned Magistrate lacked jurisdiction to try the petition filed by the respondents herein under Section 125 of Cr.P.C., and sought for allowing the revision petition. So also minor children …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month 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 …

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court
1 year, 1 month 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 Annual Digest 2023- Code Of Civil Procedure (CPC)
1 year, 2 months ago

Supreme Court Annual Digest 2023- Code Of Civil Procedure (CPC)

Live Law  

Code of Civil Procedure, 1908 – Civil Trial - Fixing of the date of trial shall be in consultation with the learned advocates appearing for the parties to enable them to adjust their calendar. Pradeep Mehra v. Harijivan J. Jethwa, 2023 LiveLaw 936 : 2023 INSC 958 Code of Civil Procedure, 1908; Section 47 read with Order XXI - Executing …

S. 125 CrPC | Order For Interim Maintenance Not An Interlocutory Order, Can Be Challenged In Revision: Allahabad High Court
1 year, 3 months 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, 3 months 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 …

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, 5 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 …

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court
1 year, 8 months ago

High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court

Live Law  

The Rajasthan High Court at Jaipur has reiterated that the inherent powers of the High Court under Section 482 of IPC cannot be invoked to alter or review the final order of a criminal court. does not confer any new powers on the High Court; it only saves the inherent power which the Court possessed before the commencement of the …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 10 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 …

Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials
1 year, 11 months ago

Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials

Live Law  

The Himachal Pradesh High Court has reiterated that the powers under Section 391 CrPC are to be exercised judiciously and not for mere asking, and the additional evidence should not be a way to re-try the case or alter the charges. The observations were made while hearing challenge to an order of Appellate court in terms of which it had …

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, 11 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
2 years 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 …

Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court
2 years, 3 months ago

Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court

Live Law  

The Kerala High Court recently held that a petitioner under Section 125 CrPC must be granted maintenance from the date of filing of petition and not just date of passing of order.Expressing shock at a Family Court's decision of granting maintenance from the date of order and not from the date of filing of petition, Justice A. Badharudeen said any …

Further Investigation/Reinvestigation Can Be Ordered By High Court Under Section 482 CrPC In Appropriate Cases: Supreme Court
2 years, 5 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, 5 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 …

Sec 125 CRPC | Major Son Or Daughter Not Entitled To Maintenance, Except When A Statute Or Personal Law Comes To Aid: J&K&L High Court
2 years, 6 months ago

Sec 125 CRPC | Major Son Or Daughter Not Entitled To Maintenance, Except When A Statute Or Personal Law Comes To Aid: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that a major son or daughter cannot be awarded maintenance by a Magistrate in exercise of his powers under Section 125 of CR.P.C but in an appropriate case, a Family Court has jurisdiction to grant maintenance to a major Hindu daughter on the basis of a combined reading of the …

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, 7 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 …

No Remedy Under Article 227 For Orders Revisable U/S 115 CPC: Kerala High Court
2 years, 7 months ago

No Remedy Under Article 227 For Orders Revisable U/S 115 CPC: Kerala High Court

Live Law  

The Kerala High Court recently held that an Original Petition filed under Article 227 of the Constitution is not the remedy in relation to an order which is revisable under Section 115 of the Civil Procedure Code. The Court in this case considered three questions to be of seminal importance: firstly, which orders are revisable under Section 115 of CPC; …

CrPC | Order Of Maintenance Does Not Get Wiped Out Because Of Settlement During Pendency Of Execution Proceedings: J&K&L High Court
2 years, 7 months ago

CrPC | Order Of Maintenance Does Not Get Wiped Out Because Of Settlement During Pendency Of Execution Proceedings: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that merely because a settlement has taken place between warring spouses during the pendency of execution proceedings, the order of maintenance passed by a Magistrate under Section 488 of J&K CrPC does not get wiped out if the settlement does not work. A bench comprising Justice Sanjay Dhar was hearing …

S.125 CrPC Meant For Immediate Support, Courts Cannot Be Hyper Technical In Their Approach: Bombay High Court
2 years, 8 months ago

S.125 CrPC Meant For Immediate Support, Courts Cannot Be Hyper Technical In Their Approach: Bombay High Court

Live Law  

The Aurangabad Bench of Bombay High Court while deciding a writ petition related to maintenance said that courts should not get too technical while deciding petitions under section 125 of the Cr.P.C. Justice Vibha Kankanwadi was dealing with a petition under Article 226 and 227 of the Constitution challenging order of the lower court dismissing the petitioner's maintenance application. The …

Order XXVI CPC | Order Refusing Appointment Of Local Commissioner Not Revisable: Punjab & Haryana High Court
2 years, 8 months ago

Order XXVI CPC | Order Refusing Appointment Of Local Commissioner Not Revisable: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court while dealing with a revision petition for setting aside order passed by the Additional Civil Judge dismissing plaintiff's application for appointment of a Local Commissioner, held that order refusing appointment of Local Commissioner does not decide any issue nor does it adjudicate rights of the parties and hence would not be a revisable order. …

S.125 CrPC | Courts Should Not Raise Objections Regarding Residential Proof Of Child/ Wife, Must Accept Duly Sworn Affidavits: Karnataka High Court
2 years, 8 months ago

S.125 CrPC | Courts Should Not Raise Objections Regarding Residential Proof Of Child/ Wife, Must Accept Duly Sworn Affidavits: Karnataka High Court

Live Law  

The Karnataka High Court has held that family courts shall accept the affidavit by aggrieved parties indicating their place of residence away from matrimonial home and not raise issue of jurisdiction while hearing an application seeking maintenance from the husband under Section 125 of the Criminal Procedure Code. A single judge bench of Justice E.S.Indiresh, sitting at Dharwad, made the …

Revisional Jurisdiction Is Not Meant To Test The Waters Of What Might Happen In The Trial: Delhi High Court
2 years, 10 months ago

Revisional Jurisdiction Is Not Meant To Test The Waters Of What Might Happen In The Trial: Delhi High Court

Live Law  

Delhi High Court recently observed that revisional jurisdiction is not meant to test the waters of what might happen in the trial. The observation came from Justice Chandra Dhari Singh who also said that the revisional Court has to consider the correctness, legality or propriety of any finding inter se an order and as to the regularity of the proceedings …

Whether Criminal Revision Petition Maintainable Against Order Granting Interim Maintenance U/s 125 Cr. P.C: Rajasthan HC Examines
2 years, 10 months ago

Whether Criminal Revision Petition Maintainable Against Order Granting Interim Maintenance U/s 125 Cr. P.C: Rajasthan HC Examines

Live Law  

The Rajasthan High Court observed that an order of interim maintenance passed under Sec. In this regard, the court opined that the impugned order dated 27.01.2021, regarding interim maintenance under Section 125 Cr.P.C., is an interlocutory order, hence revision petitions being not maintainable, either under Section 397/401 Cr.P.C. The court considered the question whether the order of interim maintenance passed …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 11 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

Wife's Right To Maintenance Forfeited U/S 125(4) CrPC Only When Acts Of Adultery Are Committed Repeatedly: Delhi High Court
2 years, 11 months ago

Wife's Right To Maintenance Forfeited U/S 125(4) CrPC Only When Acts Of Adultery Are Committed Repeatedly: Delhi High Court

Live Law  

The Delhi High Court has reiterated that only continuous and repeated acts of adultery or cohabitation in adultery would attract the rigours of the provision under Section 125 of the Code of Criminal Procedure. The Court noted that the law emanating from various precedents of the Supreme Court and various High Courts establishes the position of payment of maintenance holding …

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court
2 years, 11 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 …

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court
3 years ago

To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court

Live Law  

The Supreme Court reiterated that the power under Section 319 of the Code of Criminal Procedure is a discretionary and extraordinary power which should be exercised sparingly. "The crucial test to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the …

Inherent Jurisdiction Of High Court U/S 482 CrPC Can't Be Invoked To Override Bar Of Review U/S 362: Delhi HC
3 years, 1 month ago

Inherent Jurisdiction Of High Court U/S 482 CrPC Can't Be Invoked To Override Bar Of Review U/S 362: Delhi HC

Live Law  

The Delhi High Court has refused to entertain a petition under Section 482 of the Code of Criminal Procedure 1973 for setting aside its own Judgment, citing the bar on review envisaged under Section 362 CrPC. Section 362 stipulates that no Court, when it has signed its Judgment or final order disposing of a case, shall alter or review the …

S. 482 CrPC| Can't Appreciate Evidence In Quashing Petition: Karnataka High Court Reiterates
3 years, 2 months ago

S. 482 CrPC| Can't Appreciate Evidence In Quashing Petition: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that a Court hearing a petition for quashing of FIR/ charge sheet under Section 482 CrPC cannot appreciate evidence as the same lies within the domain of the trial Court. Justice Sreenivas Harish Kumar said, "It is a settled principle that while deciding the petition under Section 482 of Cr.P.C, evidence cannot be appreciated …

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