8 years, 4 months ago

Revision Plea Against Sessions Court Order Under Section 29 DV Act Maintainable Before HC: Allahabad HC (FB) [Read Judgment]

Live Law

In an important pronouncement, the full bench of Allahabad High Court in Dinesh Kumar Yadav Vs. State Of U.P, has held that a revision petition under Section 397/401 of the Code of Criminal Procedure is maintainable against a judgment and order passed by the Court of Sessions under Section 29 of the Protection of Women from Domestic Violence Act, 2005.The bench comprising Chief Justice Dilip. In an important pronouncement, the full bench of Allahabad High Court in Dinesh Kumar Yadav Vs. State Of U.P, has held that a revision petition under Section 397/401 of the Code of Criminal Procedure is maintainable against a judgment and order passed by the Court of Sessions under Section 29 of the Protection of Women from Domestic Violence Act, 2005. The bench comprising Chief Justice Dilip B. Bhosale, Justice Aditya Nath Mittal and Justice Rajan Roy, answering a reference to it, observed that a Court of Sessions before which an appeal has been prescribed under Section 29 of the DV Act, 2005, is a criminal court inferior to the high court and, therefore, a revision against its order passed under Section 29 will lie 27 to the high court under Section 397 CrPC. The court said: “The remedy of an appeal had been provided under Section 29 of the Act, 2005, before a Court of Sessions, which means a Court of Sessions referred under Section 6 read with Sections 7 and 9 of the CrPC, without saying anything more as regards the procedure to be followed in such appeal, and there being nothing to the contrary in the Act of 2005, which may be indicative of exclusion of the application of the provisions of CrPC to such an appeal, the normal remedies available against a judgment and order passed by a Court of Sessions by way of appeals and revisions prescribed under the CrPC before the High Court, are available against an order passed in appeal under Section 29 of the Act, 2005.” The court mainly relied on Thakur Das vs. State of Madhya Pradesh and Anr.

Appeal Court Order Revision High Act Passed Crpc Sessions Section 29 Hc Fb plea hc fb appeal court judgment crpc passed sessions maintainable read 29 order act revision high dv

History of this topic

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 …

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 …

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 …

4 months, 4 weeks ago

High Court Rules on Adultery Allegations Against Wife in Maintenance Case

Live Law

The Allahabad High Court has ruled that allegations of adultery against a wife must be decided before the application for maintenance under Section 125 CrPC. The court observed that the Trial Court had made no observation regarding the allegations of adultery on part of the wife, granting interim stay on the order of the Trial Court.

8 months, 4 weeks ago

[Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court

Live Law

The Allahabad High Court has held that amendments and additional reliefs permissible under Section 12 of the Protection of Women from Domestic Violence Act, 2005, would be maintainable in the form of a fresh application under Section 23 of the Protection of Women from Domestic Violence Act, 2005. Thus, she filed an application under Section 12 read with Section 23 …

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 …

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. …

9 months, 4 weeks ago

Remedies Sought Under Domestic Violence Act Of Civil Nature, Amendment To Application U/S 12 Are Allowed: Allahabad High Court

Live Law

The Allahabad High Court has held that proceedings under Chapter IV of the Domestic Violence Act, 2005 are civil in nature and amendments to applications made to the Magistrate under Section 12 of the Act are allowed to be made. The Court relied on the decision of the Supreme Court in Kunapareddy Alias Nookala Shanka Balaji v. Kunapareddy Swarna Kumari …

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 …

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 …

11 months, 3 weeks ago

S.58 UPVAT | In Revisional Jurisdiction, HC Must Uphold Sanctity Of Judgments/Orders, Must Intervene Only When There Are Compelling Reasons: Allahabad HC

Live Law

While elaborating the difference between 'appeal' and 'revision', the Allahabad High Court has held that in exercise of its revisional jurisdiction, the High court must uphold the sanctity of judgments and orders and intervene only when there are compelling reasons to do so. and others where the Allahabad High Court held that exercise of appellate jurisdiction involves both appreciation of …

1 year 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 …

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 …

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 …

1 year, 2 months ago

Findings Of Cruelty Against Wife In Divorce Case No Basis To Deny Her Maintenance Under Domestic Violence Act: Delhi High Court

Live Law

The Delhi High Court has ruled that the findings of cruelty against a wife in the divorce proceedings by itself cannot be a basis to deny her maintenance under the Domestic Violence Act, 2005. Justice Amit Bansal also observed that a revision petition would lie to the High Court against an order passed by the Sessions Court in appeal under …

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 …

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 …

1 year, 4 months 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 …

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 …

1 year, 9 months ago

Second Plea U/S 125 CrPC For Maintenance Is Maintainable After Rejection Of First In Changed Circumstances; 'Res Judicata' Principle Not Applicable: Allahabad HC

Live Law

The Allahabad High Court has observed that a second application seeking maintenance under Section 125 of CrPC can sustain, after the rejection of the first application, if there are changes in the circumstances, entitling a person to be a claimant under the said provision. The Court observed thus while upholding the January 2004 order of the court allowing the second …

1 year, 9 months ago

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR

Live Law

Last week, the Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back. The Court was essentially dealing with a criminal writ petition filed by Devendra Singh and 4 others seeking protection from the court after receiving a …

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 …

2 years, 4 months ago

Proceedings Under Section 12 Of DV Act Can Be Challenged Only Under Article 227, Not Section 482 CrPC: Madras High Court Full Bench

Live Law

A Full Bench of the Madras High Court on Thursday held that proceedings under Section 12 of the Domestic Violence Act can be challenged in the High Court only under Article 227 of the Constitution and not by invoking the court's power under Section 482 CrPC.The matter was referred to the bench of Justice PN Prakash, Justice RMT Teeka Raman …

2 years, 4 months ago

Babri Demolition Case: Allahabad High Court Reserves Judgment On Maintainability Of Appeal Against Acquittal Order

Live Law

Essentially, the plea has been filed challenging the Judgment of Special CBI Judge S K Yadav holding held that the demolition of the mosque was not premeditated and that there was no criminal conspiracy behind it. The instant plea has been filed by two Ayodhya residents - Haji Mahmood Ahmad and Syed Akhlaq Ahmad who claimed to have witnessed the …

2 years, 5 months ago

Allahabad High Court Weekly Round Up: September 26 To October 2, 2022

Live Law

NOMINAL INDEX State of U.P. 2022 LiveLaw 454 Orders/Judgments of the Week Allahabad High Court Sentences Mukhtar Ansari To 5-Year Jail Under Gangsters Act In A 23-Year-Old Case Case title - State of U.P. 351 Of CSR If Govt Servant Is Found Guilty Of Grave Misconduct After Retirement: Allahabad HC Case title - Gaya Prasad Yadav v. State Of U.P.Thru.Prin.Secy.Home …

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 …

2 years, 7 months ago

Whether Proceeding U/S 12 Domestic Violence Act Can Be Challenged Under Article 227 Constitution/ S.482 CrPC? Madras HC Refers Issue To Larger Bench

Live Law

A single judge of the Madras High Court recently referred to a larger bench, the question regarding the applicability of provisions of Section 482 CrPC and/or Article 227 of the Constitution for quashing an application under Section 12 of the Domestic Violence Act. Justice Sathish Kumar observed that the recent division bench order that ruled that proceedings under the Domestic …

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 …

2 years, 7 months ago

Babri Demolition Case: Allahabad HC Grants 2 Weeks' Time To CBI, State Govt To File Objection On Appeal Against Acquittal Order

Live Law

Now, on Monday, the Bench of Justice Ramesh Sinha and Justice Saroj Yadav granted two weeks' time to the CBI and CBI to file their objections to the Plea and listed the matter for further hearing on September 5. It may be noted that on July 18, when the revision plea came before the single judge, the Senior Counsel Syed …

2 years, 9 months ago

Convict's Sentence Enhanced My Modifying Trial Court Judgment Under Reader's Signature: Punjab & Haryana HC Asks Appellate Court To Conduct Inquiry

Live Law

Punjab and Haryana High Court recently came across a case where the original order of conviction passed by the Trial Court was modified under the signature of the Reader of the Court, during the pendency of an appeal preferred by the convict against the said judgment, thereby enhancing the sentence of the convict from 2 months to two years. However, …

2 years, 10 months ago

Section 482 CrPC - Criminal Proceedings Cannot Be Quashed Merely On The Ground That "No Useful Purpose Will Be Served" : Supreme Court

Live Law

The Supreme Court observed that when a clear case is made out for the offences alleged, the criminal proceedings cannot be quashed merely on the ground that "no useful purpose will be served by prolonging the proceedings of the case".The bench comprising Justices MR Shah and BV Nagarathna reiterated that a High Court must pass a speaking and reasoned order …

2 years, 11 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 …

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 …

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 …

3 years ago

Section 362 CrPC - Application Seeking Recall Of An Order Maintainable When It Seeks Only A Procedural Review: Supreme Court

Live Law

The Supreme Court observed that the bar under Section 362 of Criminal Procedure Code does not apply to an application seeking a procedural review.The bench comprising Justices Sanjiv Khanna and Bela M. Trivedi observed thus while upholding an order passed by the Madhya Pradesh High Court which recalled an order passed in a criminal case.In this case, the accused filed …

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 …

3 years, 1 month ago

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

Live Law

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 and 498-A read with Section 34 of IPC, based on a compromise between the parties involved. Vs. Deepak the Hon'ble Apex Court has had an occasion to consider whether the High Court can quash the FIR/complaint/criminal proceedings, in exercise of the …

3 years, 6 months ago

Judicial Discipline Demand To Respect Order Passed By Coordinate Bench: Supreme Court On Comments By Uttarakhand HC On Allahabad HC Order

Live Law

Judicial discipline/propriety demand to respect the order passed by the Coordinate Bench, the Supreme Court observed while it set aside observations made by Uttarakhand High Court on an order passed by Allahabad High Court.In this case, a writ petition challenging an award passed by the labour court of Dehradun was filed before Allahabad High Court in the year 1997. Judicial …

4 years, 2 months ago

Petition U/s 482 CrPC Seeking Quashing Of A Domestic Violence Application Not Maintainable: Madras High Court

Live Law

The Madras High Court has held that that a petition under Section 482 of the Code of Criminal Procedure to quash a complaint under Section 12 of the Domestic Violence Act is not maintainable.The court observed that a petition under Article 227 of the Constitution may be maintainable if it is shown that the proceedings before the Magistrate suffer from …

4 years, 3 months ago

SC dismisses plea against Allahabad HC order which held 'conversion for marriage is unacceptable'

Firstpost

The plea sought a declaration that the observations made by the high court are incorrect in view of the freedom of religion and freedom to choose a life partner as guaranteed under the principles of the Constitution of India New Delhi: The Supreme Court on Wednesday refused to entertain a plea seeking to challenge Allahabad High Court order by which …

4 years, 5 months ago

SC Sets Aside Allahabad HC Order Which Allowed Former Union Min Chinmayanand Access To Victim's Statement Under Section 164 CRPC

Live Law

The Supreme Court on Thursday set aside the Allahabad High Court order which had allowed former Union Minister and BJP leader Chinmayand to seek a certified copy of the statement of the victim recovered under Section 164 of the Code of Criminal Procedure. A Bench headed by Justice UU Lalit dictated the Order and stated that the appeal filed by …

5 years, 4 months ago

SC Stays Allahabad HC's Direction To Provide Chinmayanand Copy Of Student's Statement Under S.164 CrPC [Read Order]

Live Law

The Supreme Court on Friday issued notices on a Special Leave Petition filed by the Shahjahanpur law student, who had leveled allegations of sexual harassment and rape against former Union Minister and BJP leader Chinmayanand. The petition challenged the order of the Allahabad High Court dated November 7, whereby it allowed Chinmayanand's application seeking a certified copy of the statement …

5 years, 4 months ago

Section 482 CrPC- Inherent Powers Cannot Be Invoked To Alter Sentence Imposed By The HC Itself: SC [Read Judgment]

Live Law

The inherent power under Section 482 CrPC cannot be used by the High Court to reopen or alter an order disposing of a petition decided on merits, the Supreme Court has observed. The bench comprising Justice Deepak Gupta and Justice Aniruddha Bose observed that the High Court has no power to entertain the petition under Section 482 CrPC and alter …

5 years, 5 months ago

SC To Examine If A Husband Who Obtained Decree Of Restitution Of Conjugal Rights Liable To Maintain Wife? [Read Order]

Live Law

The Supreme Court will examine the issue whether a husband who has obtained a decree of restitution of conjugal rights is still liable to maintain his wife who filed a petition seeking maintenance under Section 125 of the Code of Criminal Procedure. There are conflicting rulings by High Courts on the issue of maintainability of Section 125 CrPC petition when …

5 years, 6 months ago

Section 362 CrPC Does Not Bar Recall Of Orders: Allahabad HC [Read Judgment]

Live Law

Recalling an order passed in a criminal case, the Allahabad High Court observed that bar contained in section 362 of the Criminal Procedure Code applies for review, and not recall. Section 362 CrPC provides that no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a …

5 years, 6 months ago

S. 96(3) CPC- Bar On Appeal Against Compromise Decree Not Applicable Where Court Declines To Record Some Part Of Compromise: Allahabad HC

Live Law

Dismissing a petition filed under Article 227 of the Constitution on account of availability of an alternate remedy, the Allahabad High Court has held that the bar against appeal from a compromise decree shall not apply in cases where the court records some part of the compromise while declines to record the remaining part. In this view, the court passed …

5 years, 6 months ago

Rent Control Revision- HC Can't Re-appreciate Oral Or Documentary Evidence On Record: SC [Read Order]

Live Law

In the context of Haryana Urban Act, 1973, the Supreme Court has reiterated that while exercising revisional power, the High Court cannot reappreciate oral or documentary evidence on record. The bench comprising Justice Uday Umesh Lalit and Justice Vineet Saran was considering an appeal against Punjab and Haryana High Court order in a revision petition that. The bench comprising Justice …

5 years, 10 months ago

Review/Recall/Modification Of Orders/Judgments Barred In Criminal Matters: SC [Read Order]

Live Law

An application for review or modification could not have been entertained, the Supreme Court observed while setting aside a High Court order in a Section 482 CrPC petition. A man accused of offences under Section 364 and 323 read with Section 34 of the Indian Penal Code had approached the Madhya Pradesh High Court seeking to quash the FIR. The …

5 years, 10 months ago

Revision Petition Before NCDRC Not Maintainable Against An Order Passed In Execution Proceedings: SC [Read Judgment]

Live Law

The Supreme Court has held that a Revision Petition before the National Consumer Disputes Redressal Commission is not maintainable against an order passed by the State Consumer Commission in execution proceedings. The court held thus while upholding a Delhi High Court judgment that had set aside an NCDRC order passed in a Revision Petition filed by the Karnataka Housing Board …

6 years, 1 month ago

Section 115 CPC: Revision Petition Not Maintainable Against Interlocutory Orders, Reiterates SC [Read Judgment]

Live Law

The Supreme Court has reiterated that revision petitions filed under Section 115 of the Code of Civil Procedure are not maintainable against interlocutory orders. The interlocutory application filed under Order 39 Rule 1 CPC was dismissed by Trial Court holding that the relief asked for could not be granted as it would amount to decreeing the Suit itself. In the …

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1 day ago

Justice Chandra Dhari Singh transferred from the Delhi HC to the Allahabad HC

Op India

In a significant reshuffle within the judiciary, the Ministry of Law and Justice has issued a notification regarding Justice Chandra Dhari Singh’s transfer from the Delhi High Court to the Allahabad High Court. This move follows the recommendation of the Supreme Court Collegium, which proposed Justice Singh’s repatriation to his parent High Court, Allahabad, in November 2024. During these sessions, …

India Justice Delhi Supreme Court Transfer High Singh

Telangana HC status quo on premier land at Guttala Begumpet

Trending News

1 day, 19 hours ago

Telangana HC status quo on premier land at Guttala Begumpet

Deccan Chronicle

Hyderabad: A division bench of the Telangana High Court issued status quo orders over land admeasuring 52 acres in Survey No. The bench comprising acting Chief Justice Sujoy Paul and Justice Renuka Yara directed the parties concerned to not change the status of the property and specifically directed them to maintain status quo as it prevails today. Aggrieved by the …

Status Quo Premier Land Guttala Begumpet

1 day, 21 hours ago

DC Edit | Stop insensitivity about women

Deccan Chronicle

The Supreme Court’s order staying the Allahabad high court’s observation that grabbing a woman’s breasts and breaking the drawstring of her pyjamas do not constitute an “attempt to rape” comes as a much-required relief to law-abiding people. The court calling those observations “totally unknown to canons of law and depict a total insensitive and inhuman approach” offers a framework for …

Court

Plea for police probe into Delhi HC judge residence fire listed on March 28

Trending News

1 day, 21 hours ago

Plea for police probe into Delhi HC judge residence fire listed on March 28

The Hindu

A petition seeking a direction to the police to register a First Information Report and investigate allegations of “huge sums of unaccounted money” found on the official residential premises of sitting Delhi High Court judge Justice Yashwant Varma is listed in the Supreme Court on March 28, 2025. The petition had been orally mentioned before the Chief Justice of India …

Court

1 day, 23 hours ago

Hearing police officer’s view must for trial courts before ordering probe into private complaints: Karnataka HC

The Hindu

The High Court of Karnataka has directed that all trial courts should hear the submissions of the police officer of the jurisdictional police station before ordering registration of First Information Report and investigation by exercising power under Section 175 of the Bharatiya Nagarik Suraksha Sanhita based on a private complaint registered under Section 223 of BNSS. Pointing out that the …

Court Bnss Trial Courts

2 days, 4 hours ago

Karnataka HC orders action against judge for citing 'fake' SC verdicts

Deccan Chronicle

Bengaluru: The Karnataka High Court has directed action against a city civil court judge for citing non-existent Supreme Court rulings while deciding an application under the Code of Civil Procedure. "What is more disturbing is that the learned judge of the City Civil Court has cited two decisions that were never delivered by the Apex Court or any other court," …

Court Judge

2 days, 15 hours ago

Pay Rs 25,000 arrears or face dismissal of divorce petition, court tells man

India Today

The Bombay High Court has quashed an order of the Sangli Civil Court and ruled that a husband's divorce petition will be dismissed if he fails to clear Rs 25,000 in maintenance arrears by June 30, 2025. The order came while hearing a petition filed by the man's wife, challenging the Sangli court's rejection of her plea to strike out …

Court Divorce Petition Face Dismissal

Will maintain status quo on decision to allot public land at Hubballi to Congress, State govt. assures Karnataka High Court

Trending News

2 days, 23 hours ago

Will maintain status quo on decision to allot public land at Hubballi to Congress, State govt. assures Karnataka High Court

The Hindu

The State government on Wednesday gave an undertaking to the court that it will maintain status quo till April 21 on its decision to allot 2,988.29 sq.m of land belonging Hubballi-Dharwad Municipal Corporation to the Karnataka Pradesh Congress Committee in violation of the norms for allotting public lands. Aravind, indicated that the court is inclined to pass an interim order …

Congress Land State Kpcc Status Quo Hdmc Maintain Status

3 days, 8 hours ago