AI Overview...
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Recall of Court Orders and Witnesses - Multiple references involve petitions under Section 482 Cr.P.C. seeking to recall or quash court orders or witnesses, notably PW-1 M.K. and Bhura Ram, indicating ongoing legal challenges related to procedural irregularities or seeking to revisit earlier judgments BHURA RAM vs STATE and ANR - Rajasthan, SMT. CHAMPA DEVI and ORS vs STATE and ORS - Rajasthan, Vijay Pal VS State of Haryana - Punjab and Haryana.
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Legal Grounds for Recall and Quashing - Courts have considered whether petitions for recalling witnesses or quashing orders are based on legitimate grounds such as irregularity or illegality rather than abuse of process. For example, the Supreme Court and Rajasthan High Court have emphasized that recalling is permissible if there are valid procedural reasons, not merely to re-argue facts BHURA RAM vs STATE and ANR - Rajasthan.
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Constitutional Validity of Court Fees in Rajasthan - Several references discuss Rajasthan's legislation on court fees, challenging its constitutionality under Article 1 Schedule 1 and Section 20 of the Rajasthan Act. Petitioners argue that levying ad valorem court fees without proper prescription restricts access to justice, and courts have examined these provisions' validity Bar Association & Anr. , Rajiv Khosla, Umesh Kapoor VS Govt. of NCT of Delhi & Anr. - Delhi, Vishal Yadav VS State of U. P. - Delhi.
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Judicial Precedents from Rajasthan - The case State of Rajasthan v. Abdul Menon (2011) SCC 65 established principles on evaluating evidence, which are referenced in the context of procedural fairness and legal validity in Rajasthan's judicial decisions. Additionally, cases like State of Rajasthan v. Teja Ram have been cited regarding evidence recovery and procedural issues Sukhdev Yadav VS State - Delhi.
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Impact of Legislation and Judicial Decisions - The courts have scrutinized legislative provisions and their constitutional compatibility, with some petitions seeking to recall or challenge orders based on these grounds. The decisions emphasize that legal remedies like recall petitions are permissible when procedural or legal errors are identified, but not merely to re-litigate substantive issues DELHI HIGH COURT BAR ASSOCIATION & ANR. Vs GOVT. OF NCT OF DELHI & ANR. - Delhi.
Analysis and Conclusion
The sources collectively highlight ongoing legal efforts in Rajasthan to recall witnesses and challenge procedural or legislative aspects, especially concerning court fees. Courts have maintained that such petitions are valid if based on procedural irregularities or illegality, but they do not permit abuse of process. The constitutional challenge to Rajasthan's court fee laws underscores concerns about access to justice, with judicial precedents reinforcing the importance of lawful and fair legislative provisions. Overall, the legal landscape reflects a focus on procedural integrity and constitutional compliance in Rajasthan's judicial processes.
Search Results for "Bhura State of Rajasthan Recalling 482"
2020 0 Supreme(P&H) 505 • India - Punjab and Haryana
ARUN KUMAR TYAGI
Goyal Branch Manager, State Bank of Patiala, Main Branch Sonepat now posted as Chief Manager, State Bank of Patiala, Head Office ... The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C ... from any illegality or irregularity and not being abuse of process is not liable to be quashed in exercise of powers under Section 482 ... Recalling of PW-1 M.K. ... (see State of Orissa v. Sibcharan Singh, AIR 1962 Orissa 157....
• India - High Court of Rajasthan - Rajasthan High Court Principal Seat Jodhpur
State of Rajasthan & Anr. ... No.1195/2013 Bhura Ram V/s. State of Rajasthan & Anr.
• India - High Court of Rajasthan - Rajasthan High Court Principal Seat Jodhpur
application under Section 482 Cr.P.C. has been preferred by the petitioners for recalling of the (Raj.) ... Bhura Ram S/o Late Jesa Ji Mali,, Aged About 66 Years, Resident of Naya Bazar, Bhatakara, Sirohi (Rajasthan). ... However, this cannot become a ground for recalling of the order. ... Champa Lal S/o Shri Deva Ram,, Resident of Naya Bazar, Bhatakara, Sirohi (Rajasthan).
• India - High Court of Rajasthan - Rajasthan High Court Principal Seat Jodhpur
V/s State of Rajasthan & ors may kindly be recalled and the misc. ... State of Rajasthan 1 Learned counsel for the petitioners has prayed for been filed by the petitioners essentially with a prayer for recalling
2013 0 Supreme(Del) 1730 • India - Delhi
GITA MITTAL, J.R.MIDHA
State of Karnataka (supra), requires recalling. The Court said: ... ... ?22. The court fee as a limitation on access to justice is inextricably intertwined with a ? ... The petitioners from Rajasthan had challenged before the High Court of Rajasthan the constitutional validity of the provisions of Section 20 read with Article 1 Schedule 1 of the Rajasthan Act which prescribed and authorised the levy of court-fees on a uniform ad valorem basis without the prescription ... 1958, the Rajasthan#H....
2014 0 Supreme(Del) 1026 • India - Delhi
GITA MITTAL, J.R.MIDHA
, western Uttar Pradesh and Rajasthan. ... In (2011) 8 SCC 65 State of Rajasthan v. Abdul Menon, the court stated thus:- ... “32. ... State of Rajasthan. The binding principles on evaluation of evidence laid down in this case read as follows: ... “20. ... State of Rajasthan. In this case, different things were recovered on different dates from the same place on information received from the accused. ... State of Rajasthan. In thi....
2013 Supreme(Online)(DEL) 4937 • India - High Court of Delhi
State of Karnataka (supra), requires recalling. The Court said: ―22. ... The petitioners from Rajasthan had challenged before the High Court of Rajasthan the constitutional validity of the provisions of Section 20 read with Article 1 Schedule 1 of the Rajasthan Act which prescribed and authorised the levy of court-fees on a uniform ad valorem basis without the of Karnataka, where ad valorem and unlimited court fees proposed by legislation introduced in Rajasthan and Karnataka w....
2023 0 Supreme(Del) 349 • India - Delhi
J. R. MIDHA, GITA MITTAL
State of Rajasthan. ... western Uttar Pradesh and Rajasthan. ... Reliance was placed on the judicial precedent reported at : 1999 Crl.L.J. 2588, State of Rajasthan v. Teja Ram. ... State of Rajasthan. In this case, different things were recovered on different dates from the same place on information received from the accused. ... State of Rajasthan. In this case on 5th May, 1992 the deceased was married to the appellant and on 8th M....
• India - Delhi High Court
State of Karnataka (supra), requires recalling. The Court said: ―22. ... of Rajasthan case. ... On consideration of these observations made in State of Rajasthan as also the other decisions {Kehar Singh v. ... The petitioners from Rajasthanhad challenged before the High Court of Rajasthan the constitutional validity of the provisions of Section 20 read with Article 1 Schedule 1 of the Rajasthan Act which ... In AIR 1959 Punj 629 (at 631), Bh....
• India - Delhi High Court
In State of Rajasthan v. ... State of Rajasthan. ... However, in State of Rajasthan v. ... L.J. 2588, State of Rajasthan v. Teja Ram. ... However, inState of Rajasthan v.
