AI Overview...
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Sessions Court and Exemption from Surrender - The courts can entertain applications for exemption from surrender, especially where statutory rules or judicial discretion permit. For instance, the Supreme Court and High Courts have held that in the absence of specific Rules requiring surrender, courts may exercise inherent powers to entertain such pleas Ikba S/o Chandulal Shaikh VS State of Maharashtra - Bombay, Suraj Kumar VS State of U. P. - Allahabad.
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Legal Requirements for Surrender - Mandatory surrender is often a prerequisite for the maintainability of revision petitions or appeals, as per Rules like Rule 3(4) of the Allahabad High Court Rules, 1952. Failure to surrender can lead to dismissal of petitions or appeals, and courts emphasize that surrender is essential unless specific exemptions are granted Praveen Kumar Agarwal vs State Of U.P. - Allahabad.
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High Court's Power to Entertain Exemptions - High Courts have the jurisdiction to consider exemptions from surrender based on facts and circumstances, especially when statutory provisions or inherent powers are invoked. The absence of explicit Rules does not bar courts from entertaining such exemptions Ikba S/o Chandulal Shaikh VS State of Maharashtra - Bombay, Suraj Kumar VS State of U. P. - Allahabad.
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Judicial Discretion and Past Decisions - Courts have exercised discretion in granting exemptions from surrender in exceptional cases, considering factors like health, age, or other humanitarian grounds. However, generally, surrender is a mandatory condition unless statutory provisions explicitly allow otherwise Fazal Khalil Ahemad Shaikh VS Nandkishor Ramnivasji Agrawal - Bombay, KEWAL RAM CHAUHAN VS STATE OF HIMACHAL PRADESH - Himachal Pradesh.
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Implication of Final Orders and Repeals - In cases involving finality of conviction and confiscation orders, courts have held that orders attained finality and that statutory repeals do not automatically exempt accused from surrender unless explicitly provided Chander Parkash VS State of Haryana - Punjab and Haryana.
Analysis and Conclusion:
Courts, including Sessions and High Courts, do have the authority to entertain applications for exemption from surrender, especially where statutory provisions, rules, or inherent powers permit. While surrender is typically a prerequisite for the maintainability of revisions or appeals, courts can exercise discretion to grant exemptions based on merit and circumstances. The key is whether the legal provisions explicitly or implicitly allow such exemptions; in their absence, courts generally uphold the requirement of surrender. Therefore, Sessions Courts can entertain exemption pleas, but such applications are subject to judicial discretion and the specifics of each case.
Search Results for "Sessions Court can Entertain Exemption from Surrender"
2024 0 Supreme(Bom) 25 • India - Bombay
MANGESH S. PATIL, S. G. CHAPALGAONKAR
Issues: The issues were whether the High Court can entertain the revision without the surrender of the accused and whether ... Finding of the Court: The court found that in the absence of Rules, the High Court cannot refuse to entertain and decide ... Fact of the Case: The court considered whether the High Court, in the absence of Rules, can entertain the revision ... Thus, the exception as found in correspond....
2025 0 Supreme(All) 73 • India - IN THE HIGH COURT OF ALLAHABAD
Hon'ble Manjive Shukla,J.
requirements under Rule 3(4) of the Allahabad High Court Rules, 1952, which necessitates a certificate of surrender when filing ... emphasized that a convicted person must surrender before the court for a revision to be maintainable, as per Rule 3(4) - The discretion ... to absence and enhancing the fine from Rs.32,31,50,000/- to Rs.64,63,00,000/- - The revisionist failed to comply with mandatory surrender ... there is no occasion for this Court to exercise its inherent power to grant ....
2018 0 Supreme(SC) 1960 • India - Supreme Court
S.A.BOBDE, L.NAGESWARA RAO, R.SUBHASH REDDY
The respondent appealed to the Sessions Court, which upheld the maintenance order. ... The High Court affirmed the Sessions Court's decision. The respondent filed a special leave petition, which was dismissed. ... The respondent must also surrender his passport. ... The High Court vide order dated 02.12.2016 affirmed the order of the Sessions Court. ... Being aggrieved by the aforesaid order, an appeal was filed by the respondent-husband before the #....
2020 0 Supreme(Bom) 609 • India - Bombay
VIBHA KANKANWADI
The court considered the legal provisions and previous decisions related to the surrender of the accused. ... The court also noted that the accused did not surrender after the judgment in the criminal appeal was pronounced, which was raised ... appreciation of evidence, the rebuttal of presumptions under the Negotiable Instruments Act, and the requirement for the accused to surrender ... At the outset, the point, that is required to be considered is, that whether this Court should dire....
2020 0 Supreme(Del) 1042 • India - Delhi
PRATEEK JALAN
Finding of the Court: The court found that the appellant was awarded minor punishment for possessing a mobile phone ... Final Decision: The appeal for grant of parole was dismissed by the court. ... parole - eligibility criteria - The court dismissed the appeal for grant of parole based on the eligibility criteria under Rule ... C.M.No.22782/2020 (exemptions from filing attested affidavit & court fees ) 2. ... The minor punishment was awarded on the appellant by the jail author....
2018 0 Supreme(P&H) 1846 • India - Punjab and Haryana
A.B.CHAUDHARI, INDERJIT SINGH
petitioners, and directed them to surrender before the Special Court at Mumbai. ... exemplary costs on the petitioners, and directed them to surrender before the Special Court at Mumbai. ... The court dismissed the petitions, vacated all interim orders, imposed exemplary costs on the petitioners, and directed them to surrender ... Satya Pal Jain, Additional Solicitor General of India, raised a preliminary objection as to the territorial jurisdiction of this Court to #....
2021 0 Supreme(P&H) 208 • India - Punjab and Haryana
AMOL RATTAN SINGH
The court also considered the effect of the Gold (Control) Repeal Act, 1990, and the judgment of the Supreme Court in Sushila N. ... Finding of the Court: The court found that the conviction and confiscation orders had attained finality, and the repeal ... Control Act - Confiscation of Gold - Section 85 of the Gold (Control) Act, 1968, Section 135 (b) of the Customs Act, 1962 - The court ... to entertain this petition, which is consequently dismissed. ... (D) fraudulently availing o....
2020 0 Supreme(All) 1482 • India - Allahabad
SIDDHARTH
The applicant has approached directly before this Court since District Mathura is under Red Zone due to Covid-19 - The applicant ... State of Maharashtra and Another, 2014(16) SCC 623, wherein Apex Court has held that the High Court has power and jurisdiction to entertain the plea of surrender and also bail thereafter directly without compelling the accused to first approach the court of Sessions. ... After considering the submission made by the counsel for the applic....
2025 Supreme(Online)(Chh) 10387 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, Sanjay Kumar Jaiswal, JJ
under RFCTLARR Act, as provision invalidates tax exemption per Section 105(1) RFCTLARR Act - Court found RFCTLARR Act exemptions ... apply to such compensation as per notification issued, ruling tax exemption valid under Section 96 RFCTLARR Act. ... dismissal of appeal questioning substantial addition of ₹73,58,113/- stating compensation was taxable under IT Act, rejecting claim of exemption ... We are thus not inclined to entertain the plea for prospectivity on this limited tenet.” 16....
1991 0 Supreme(HP) 127 • India - Himachal Pradesh
KAMLESH SHARMA
Finding of the Court: The court found that the petitioner had reasonable apprehension of bias from the Special Judge ... Ratio Decidendi: The court held that the petitioner's apprehension of bias was reasonable based on the following factors: ... The court held that these incidents created a reasonable apprehension in the petitioner's mind that he would not receive a fair and ... While issuing warrant of arrest, the Special Judge has observed that the petitioner was required to surrender in the #HL_S....
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