AI Overview...
Revision under BNSS
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Bail during Revision - The court upheld the conviction under NI Act and allowed bail during the pendency of revision petitions, emphasizing the petitioner’s entitlement to bail and suspension of sentence under Section 438 BNSS GAJENDER KAUSHIK vs M/S PNEUMAX PNEUMATIC INDIA P LTD - Delhi.
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Challenge to Orders under SARFAESI Act - Orders under Section 14 of the SARFAESI Act are not challengeable via revision under BNSS or CrPC; only Section 17 provides a remedy. Filing revision petitions in such cases is generally barred P.B. Manaf, S/o. Late Basheer vs Union Bank Of India - Kerala.
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Revision under BNSS Sections 438 & 442 - Petitions challenging conditions like compensation deposits or procedural violations have been allowed in part or dismissed, depending on the case specifics. The courts have clarified that revision is permissible for procedural errors but not for orders under SARFAESI outside Section 17 Union Bank of India, Ernakulam vs P.B. Manaf S/o Late Basheer - Kerala, Eedhara Ramesh Kumar vs Polina Seetharamayya - Andhra Pradesh.
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Discharge and Procedural Challenges - The court dismissed revision petitions seeking discharge, emphasizing the need for sufficient grounds and procedural correctness before proceeding against an accused. Revision petitions for discharge are often dismissed if procedural requirements are unmet Sajith, S/o. Sajeev VS State of Kerala - Kerala.
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Revision in Maintenance Cases - Petitions challenging maintenance orders under BNSS Sections 438 & 442 have been allowed where prior directions or procedural errors were identified, leading to the setting aside of the impugned orders Lucas Daniel Raj vs Pertreesia Maria - Madras.
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Criminal Appeal and Immediate Relief - Under Sections 438, 442, and 395(2), revisions have been entertained for urgent matters, with courts exercising discretion to bypass regular procedures in exigent circumstances Bhavesh Nandkishor Rathod VS State Of Gujarat - Gujarat.
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Inherent Powers and Section 528 - The High Court’s inherent powers under Section 528 BNSS are not exercised if statutory remedies under Section 438 are available. Applications under Section 528 are maintainable but generally subordinate to statutory revision remedies Kaisar Jaha VS S. P. , Distt. Sultanpur - Allahabad.
Analysis and Conclusion
Revision under BNSS primarily serves as a procedural remedy for procedural violations, procedural errors, or procedural challenges in criminal cases. Courts have consistently held that revisions are not suitable for challenging orders under SARFAESI outside of Section 17 and that statutory remedies under BNSS take precedence over inherent powers unless specific conditions justify bypassing these remedies. Petitions seeking bail, discharge, or procedural corrections are often granted if procedural safeguards are violated or if the case warrants interim relief. Overall, BNSS revision petitions are a vital tool for correcting procedural injustices but are bounded by the scope of statutory provisions and procedural rules.
References: - INDDEL00000050137 - 01500057832, 01500058449 - INDAP00000065462 - 01500055021 - 01500058284 - 01500055090 - INDMAD00000503590 - 01300040054 - 02500116785
Search Results for "Revision under Bnss"
2024 Supreme(Online)(DEL) 17283 • India - High Court of Delhi
MR. JUSTICE ANOOP KUMAR MENDIRATTA, J
Bail - Criminal Revision - BNSS Section 438, NI Act Section 138 - The court upheld the conviction under NI Act, allowing bail ... The petitioner sought bail and suspension of the sentence during the revision petition. ... Issues: Whether the petitioner is entitled to bail and suspension of sentence during the pendency of the revision petition ... An application under Section 438 of BNSS has been preferred on behalf of petitioner for suspension of sentence and release on bail during pendency of #HL_STA....
2025 0 Supreme(Ker) 2016 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P,J
Section 14 of the SARFAESI Act by filing a revision petition as has been done in the facts and circumstances of the case. 5.
2025 0 Supreme(Ker) 2538 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P.
Section 14 of the SARFAESI Act by filing a revision petition as has been done in the facts and circumstances of the case. 5.
2025 Supreme(Online)(AP) 13598 • India - High Court of Andhra Pradesh
Y. Lakshmana Rao, J
(A) Sections 438 and 442 of BNSS, 2023 - Revision filed challenging condition imposed for compensation deposit - Petitioner pleads ... ... ... Result: Revision allowed in part, with costs not awarded. ... ...RESPONDENT N0.2 Revision filed under Sections 438 and 442 of BNSS , 2023 praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to call for records relating to the ... Accordingly, the Criminal #HL_S....
2024 0 Supreme(Ker) 918 • India - Kerala
A. BADHARUDEEN
Criminal - Revision Petition - BNSS Sections 135, 136, 116, 117 - The court emphasized the necessity of ... Fact of the Case: A Criminal Revision Petition was filed to challenge an order from ... a Sub Divisional Magistrate regarding security under the BNSS, claiming procedural violations in the inquiry process. ... This Criminal Revision Petition has been filed under Section 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred as ‘BNSS’ ....
2025 0 Supreme(Ker) 2455 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, P.V.BALAKRISHNAN
SARFAESI proceedings - The court reiterated that orders made under the SARFAESI Act are challengeable only under Section 17, not via revision ... in BNSS or CrPC. ... It is declared that any order passed by a Magistrate in the exercise of jurisdiction under Section 14 of the SARFAESI Act cannot be challenged by filing a revision petition under any provision of the BNSS or the Code of Criminal Procedure. ... BNSS. ... Here, I am clear in my mind that the exercise of the power of revision#HL_END....
2024 0 Supreme(Ker) 987 • India - Kerala
A. BADHARUDEEN
Discharge - Criminal Revision Petition - BNSS Sections 250(1), 250(2) - The court analyzed the provisions ... Result: The Criminal Revision Petition is dismissed. ... for discharge under BNSS, emphasizing the need for sufficient grounds for proceeding against the accused, and clarified the legislative ... Therefore, dismissal of the plea of discharge raised by the petitioner, as per the order impugned, is perfectly justifiable and accordingly, this revision must fail. 13. In the result, this Criminal....
2025 Supreme(Online)(Mad) 56614 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
(A) Sections 438 & 442 of BNSS - Criminal Revision Cases - Petition for maintenance - The petitioner challenged the trial court’s ... ... ... Result: Both the criminal revision cases stands allowed. ... ... ... Findings of Court: ... The impugned orders were unsustainable and required revision due to prior directions about interim ... With the above directions, both the criminal revision cases stands allowed. ... Aggrieved by the same, the petitioner preferred criminal revision ca....
2024 0 Supreme(Guj) 1642 • India - Gujarat
GITA GOPI
Revision - Criminal Appeal - BNSS - Sections 438, 442, 395(2) - The court emphasized that dismissal for ... The revision has been filed under section 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’ for short). ... Since the matter requires immediate recourse, this Court does not feel necessary to hear the other side, which option can be exercised by the Court under section 444 of the BNSS. ... In view of the provision of law, insistence fo....
2024 0 Supreme(All) 1465 • India - Allahabad
SUBHASH VIDYARTHI
Section 528 - Inherent powers of High Court - The petitioner challenged the rejection of an application under Section 175(3) of BNSS ... 11) Findings of Court: The court found that while the application under Section 528 BNSS ... maintainable, it would not be proper to exercise inherent powers given the availability of a statutory remedy under Section 438 BNSS ... Therefore, the functionality of an application under Section 528 BNSS and a revision under Section 438 BNSS would be the sa....
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