Marudayya Thevar – Appellant
Versus
Shanmugasundara Thevar – Respondent
1. This is a petition asking this Court to appoint a Receiver pending disposal of Cr. R. C. No. 239 of 1925, which is a petition asking this Court to revise an order of the Lower Court passed under Section 145, Criminal Procedure Code.
2. Mr. Jayarama Aiyar for respondents raises a preliminary objection that this Court has no jurisdiction to entertain such a petition. We think the preliminary objection is well founded. If this Court has jurisdiction, it must be found within the Criminal Procedure Code [see the remarks of the learned Chief Justice in Sankaralinga Mudaliar v. Narayana Mudaliar (1922) ILR 45 M 913 : 43 MLJ 369 (FB).]. Section 561-A confers no new powers on this Court, since "the Court cannot, by invoking its inherent powers, extend the powers given to it by Statute" [Full Bench ruling in Veerappa Naidu v. Avudayammal (1924) 48 MLJ 106 (F.B.). ]. Petitioner relies on Section 423(1)(d) read with Section 439, but an interlocutory order of the kind now sought by petitioner to be passed before the criminal revision case is heard is obviously not an order either incidental to or consequential on an order which has not yet been passed in the criminal revision case and wh
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.