Supreme Court of India
Usha K. Pillai v. Raj. K. Srinivas and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
In the result the order impugned in the present appeal/writ petition of the learned Magistrate cannot be allowed to stand, more so in the instant case for the rea:;on that the accused may raise the plea of violation of the due process clause D ifthe order is sought to be executed in the foreign court.
Judgment, page 8
From the headnote
Section 313 ( J) Cr. P. .-Scope of-Whether the trial Magistrate is legally right in examining the Advocate of the (lccused in his place in a warrant case. - The daughter of the appellant was married to the respondent and a gfrt child was born out of the wed-lock. The couple went to the U.S. . alongwith the child, butthe latter was sent back on her mother's behests. While the child was in the custody of the appellant the mother also came back, and committed suicide, leaving the child in the custody of the appellant. - c Meanwhile the first respondent married an American girl and em- braced
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