AI Overview...
- Recalling Orders in Section 125 CrPC Proceedings - Main points and insights:
- Orders passed under Section 125 CrPC, including ex parte maintenance orders, can be recalled or modified by the Court, especially if there are valid reasons such as clerical errors, non-appearance of parties, or changed circumstances Rajkumar Vs. State Of U.P. And 2 Others - Allahabad, Jagruti Bhatia VS Samir Bhatia - Bombay, Mandakini w/o Bhausaheb Pagire VS Bhausaheb Genu Pagire - Bombay.
- Courts have inherent powers under Sections 482 CrPC to recall or set aside orders, provided the principles of justice are maintained and the order was not final or res judicata INDALL00000019781, RAKESH KUMAR KESARWANI. VS STATE OF UTTAR PRADESH - Allahabad.
- The bar under Section 362 CrPC does not categorically prevent the recall of orders in maintenance proceedings if the recall is justified on legal or factual grounds Subhadip Laskar VS Sanjukta Laskar (Nee Sarkar) - Calcutta, RAKESH KUMAR KESARWANI. VS STATE OF UTTAR PRADESH - Allahabad.
- Orders dismissed on merits or due to non-prosecution can be reconsidered and recalled if circumstances warrant, such as the absence of deliberate default or procedural irregularities ASHUTOSH CHAUDHARY Vs State - Allahabad, RAKESH KUMAR KESARWANI. VS STATE OF UTTAR PRADESH - Allahabad.
- Analysis and Conclusion:
- The general legal position supports the recall or modification of orders passed under Section 125 CrPC, provided the Court exercises its inherent powers judiciously and in accordance with principles of natural justice.
- The specific circumstances, such as clerical errors, non-appearance, or changed circumstances, are valid grounds for recalling maintenance orders.
- The bar under Section 362 CrPC does not act as an absolute barrier to recall, especially when the order was not final or when justice demands reconsideration.
- Courts have demonstrated flexibility in revisiting maintenance orders, ensuring that procedural and substantive justice is upheld Rajkumar Vs. State Of U.P. And 2 Others - Allahabad, RAKESH KUMAR KESARWANI. VS STATE OF UTTAR PRADESH - Allahabad, Jagruti Bhatia VS Samir Bhatia - Bombay.
References: - Subhadip Laskar VS Sanjukta Laskar (Nee Sarkar) - Calcutta - Rajkumar Vs. State Of U.P. And 2 Others - Allahabad - RAKESH KUMAR KESARWANI. VS STATE OF UTTAR PRADESH - Allahabad - ASHUTOSH CHAUDHARY Vs State - Allahabad - Jagruti Bhatia VS Samir Bhatia - Bombay - Mandakini w/o Bhausaheb Pagire VS Bhausaheb Genu Pagire - Bombay
Search Results for "Whether Order Passed in s 125 Crpc Proceeding can be Recalled"
2009 0 Supreme(Cal) 759 • India - Calcutta
Raghunath Ray
the maintenance proceeding initiated by his wife under Section 125 CrPC is not maintainable. ... Whether Section 362 CrPC operates as a bar for reviewing the judgment or final order of the High Court? 3. ... Whether the exercise of power under Section 482 CrPC to reopen or alter an order disposing of a petition decided on merit is le....
2024 Supreme(Online)(ALL) 83 • India - High Court of Allahabad
Hon'ble Arun Kumar Singh Deshwal,J.
. does not apply to orders passed under Section 125 Cr.P.C., allowing for recall or modification as necessary to achieve social justice ... dismissing a maintenance application for want of prosecution can be recalled under Section 126(3) Cr.P.C. despite the bar under Section ... order under Section 125 Cr.P.C. and the applicability of Section 362 #HL_S....
2007 0 Supreme(All) 2309 • India - Allahabad
VIJAY KUMAR VERMA
Criminal Procedure Code, 1973—Sections 482, 561-A and 125—Restoration/Recall application—Inherent powers of Court—Exercise of—Whether ... order deciding criminal revision on merit in absence of any or both parties can be recalled—Family Court granted maintenance to ... Counsel did not wilfully avoid to appear in Court at time of hearing—Order in question is recalled—How....
• India - Allahabad High Court
learned Court below recalled its earlier order and restored the proceedings under Section 125 Cr.P.C. initiated by the opposite ... Issues: Whether the learned Court below was correct in recalling its earlier order and restoring the proceedings under Section ... of the Case: The applicant/husband challenged the order passe....
1988 0 Supreme(All) 244 • India - Allahabad
S.I.JAFRI
Rehana, in a maintenance proceeding under Section 125 Cr. P. C. Despite several ex parte orders granting maintenance to Smt. ... Whether the ex parte order granting maintenance to Smt. ... MAINTENANCE - SECTION 125 CR. P. ... The ex-parte order dated 23-3-87 passed by the Magistrate under section 125 Cr. P....
2015 0 Supreme(Mad) 2682 • India - Madras
S.MANIKUMAR, M.VENUGOPAL
in O.A.No.310/00282/2015 passed by the Tenth Respondent/Central Administrative Tribunal, Chennai. – Held, Propriety and comity of ... especially, when no new or changed circumstances had emerged in the considered opinion of this Court. – In the instant case, it can be recalled ... by this Court in calling for the records relating to the order dated 27.07.2015 in M.A.No.310/00392/2015 in M.A.No.310/00356/2015 ... was passed....
2015 0 Supreme(Bom) 100 • India - Bombay
R.G.KETKAR
Recalling Order - Maintenance - Code of Criminal Procedure, 1973 - Section 125 - 362 - The court recalled the order dismissing ... was based, and therefore, recalled the order. ... Issues: The main issue was whether the court could recall the order based on a clerical or arithmetical error in the premise ... In the case of Mahesh Ran....
2008 0 Supreme(Bom) 1050 • India - Bombay
V.R.KINGAONKAR
Issues: The core issue was whether the dismissal order in the proceedings under section 125 of the Criminal Procedure Code ... could be recalled and the effect of Section 362 of the Criminal Procedure Code. ... It concluded that the dismissal order could be recalled and the restoration of the application was permissible. ... Core iss....
1977 0 Supreme(All) 53 • India - Allahabad
K.C.AGRAWAL
in a maintenance proceeding under Section 488 Cr. ... CRIMINAL PROCEDURE CODE - SECTION 488 - MAINTENANCE - SERVICE OF NOTICE - PUBLICATION IN NEWSPAPER - NOT PERMITTED - ORDER PASSED ... Issues: Whether the publication of a notice in a newspaper is a valid mode of service under Section 488 Cr. P. C. ... scrutiny of law and being without jurisdiction are liable to be ....
1988 0 Supreme(All) 237 • India - Allahabad
S.I.JAFRI
Issues: Whether the High Court was justified in setting aside its earlier order setting aside the ex parte order passed by ... The Magistrate recalled the order but the husband again filed a revision in the court of the Sessions Judge against the order passed ... Finding of the Court: The High Court recalled its earlier o....
Filter by Legal Phrase
