Understanding DV Act Final Orders: What Courts Must Examine

2024 0 Supreme(All) 1671

It is true that this was an interlocutory order, which would stand merged in the judgment passed in the aforesaid writ petition, but the final remarks in the judgment have to be understood in the foreshadow of the order dated 29.08.2023. ... The learned Judge has further looked into the notings of the Disciplinary Authority regarding the proceedings before the Inquiry Officer and his conclusions. ... The conclusions and the final remarks of this Court carried in the judgment that was passed on 20.11.202....

2024 0 Supreme(Mad) 1017

In fact, the cursory reading of Section 173(8) of Cr.P.C. would clearly illustrate that only the courts can order further investigation, that too when the prosecution already filed final report, no police officer can order for further investigation. ... This Court dismissed the quash petition by an order dated 27.04.2019 and directed the fourth respondent to complete the investigation and file final report in crime No.98 of 2019 within a period of three months from the date of receipt of the o....

Privy Council-Application for conditional leave-Judicial settlement-Order on executor to give list of mortgage bonds and other debts-Reasons for non-recovery of debts-Final order-Ordinance No. 31 of 1909, rule 1 (a). ... The Supreme Court affirmed the order. Held (in an application for leave to appeal to the Privy Council), that the order had the effect of a final judgment and that the executor was entitled to have leave to appeal. ... that it made a slight variation of the #H....

a judgment from an order having the effect of a final judgment and an interlocutory order. ... If it does, then I think it ought to be treated as a final order: but if it does not, it is then, in my opinion, an interlocutory order." ... ' means any judgment or order having the effect of a final judgment made by any civil court; and 'order' means the final expression of any decision in any civil action, proc....

2024 0 Supreme(All) 825

The reliefs that can be granted by the final order or by an interim order, have already been pointed out above wherein it is noticed that most of these reliefs are of civil nature. ... In view of the aforesaid provisions of the DV Act, the observation of the appellate court in the impugned order that the properties mentioned in the application dated 30.10.2021 cannot be looked into by the court in proceedings under the DV Act, is incorrect. ... Under the DV Act, a summary proceeding is prescribed in whi....

2026 Supreme(Online)(Ker) 199

Now the police, after investigation, filed final report. Therefore, the learned counsel for the petitioners seek permission to withdraw this Crl.M.C with liberty to challenge the final report. ... Accordingly, this Crl.M.C is dismissed with liberty to the petitioners to challenge the final report.

2026 0 Supreme(SC) 130

The Learned counsel for the Appellant contended that once the final report is accepted, only the criminal Court has the power to order further investigation and such power cannot be exercised by the police or any executive authority. ... State of UP and others u/s 482/378/507 Order passed in S.P. No. dated 27-7-2012 and circular letter no. of Honorable High Court Allahabad no. 10435 date 03.09.2014 and letter no. 420/2015 dated 17.01.2015, the final report no. 17/14 is accepted. It should be attached in the file…..” ... ....

2023 0 Supreme(P&H) 339

power qua final order. ... Act can be filed against final order and not interim order whereas order under challenge before Appellate Court was interim order passed in terms of Section 23 of D.V. Act. She further contends that Magistrate under Section 23 D.V. ... A contrary view is likely to result in grave hardship to the applicant, who may have no means to subsist until the final order is passed. ... The Magistrate had awarded inte....

2017 Supreme(Online)(KER) 19228

Aggrieved by order passed by the Judicial First Class Magistrate Court-I, Cherthala on C.M.P.No.1315 of 2017 in C.C.No.950 of 2017, refusing to discharge the accused, he has come up before this Court under Section 397 and 401 Cr.P.C. ... It is also well settled that the documents produced by the accused shall not be looked into at that stage. What is to be considered at the stage of framing charge is whether there is any prima facie case borne out from the records. ... Learned counsel for the petitioners submitted that the materials produced along with th....

1997 2 Supreme 108

interest of proper and effective monitoring of the case we think it appropriate to direct that the final report which is submitted to the CBI Headquarters/Director be submitted in its original form...The correct position, which emerges from the order of the Supreme Court, is that the report of the Joint ... To ensure this aspect, we had directed in our earlier order dated November 5, 1996 that in case of difference of opinion at any stage during the investigation, the final decision is not to be taken by the Director, CB....

2023 0 Supreme(Guj) 124

It is not the final reassessment order and the amount quantified is necessary to be looked into. Resultantly, the questions raised before this Court particularly question (C) deserves to be allowed. This also could have acted as sufficient amount for the pre-deposit instead of endorsing to the directions of the First Appellate Authority of depositing Rs.12.02 Lakhs as the pre-deposit. It is essentially the chronology of events, coupled with the fact that there is complete absence of the any opportunity at the time of reassessment which shall need to be regarded.

2021 0 Supreme(Cal) 318

In the present case, certain facts are required to be looked into before coming to a final conclusion. Secondly, the conduct of the parties even after the alleged time frame indicates that they intended to continue with the contract. First of all, the relevant clauses of the contract clearly indicate that time is not the essence of the contract as discussed earlier.

2021 0 Supreme(All) 1008

There is no illegality in this finding of the learned appellate court. Joint tenants have right to partition in the tenancy rights. What will be the mode of partition may depend upon the nature of tenanted property which can be looked into in final decree proceedings. The findings recorded by the first appellate court on this point is according to law and just and proper.

2017 0 Supreme(Ker) 1398

It cannot therefore be said that there is any prohibition in entertaining or investigating a complaint involving allegations with respect to matters covered by clause (d) of 2nd schedule to the Lok Ayukta Act. However in order to place recommendations on the basis of allegations, what is to be looked into is whether the ingredients of Section 2(b) are satisfied. Report under Section 12(3) envisages satisfaction of the Upa Lok Ayukta that the allegation is substantiated in whole or part. If at all the alleged malpractices are found proved, it should be seen that such malprac....

2016 0 Supreme(J&K) 204

Notification No F(Regular-Casual/Const-Gen.Adm/KU/14, dated 3rd September 2014, issued by respondent university gives a detailed plan and explanation for guidance in setting standards and determining a course of action for regularisation of services of those persons who have been appointed in respondent university on casual, ad hoc, contractual or consolidated basis. What are those guidelines, are important to be looked into and discussed. The person working on casual or contractual or consolidated basis shall be regularized on fulfilment of the following conditions-i. that....