Supreme Court of India
Jamin & Anr. v. State of Uttar Pradesh & Anr.
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 view of the aforesaid, we have arrived at the conclusion that the order passed in revision by the High Court cannot be rendered ineffective merely on procedural grounds especially when it involves substantive rights of the parties and seeks to cure a patent illegality.
Judgment, page 68
From the headnote
Issue for Consideration (i) Whether the High Court was right in exercising its revisional jurisdiction for the purpose of setting aside the order of the Trial Court rejecting the second application preferred by the respondent no.2 u/s.319 of the CrPC; (ii) Whether the order dated 21.02.2024 passed by the Trial Court to give effect to the order passed by the High Court directing it to reconsider the application u/s.319 of CrPC would relate back and replace its earlier order dated 19.07.2010 rejecting the s.319 application; (iii) Whether the Trial Court could have entertained an application
Authorities it was built on
- 2014 Hardeep Singh v. State of Punjab & Ors.
- 1975 Pasupuleti Venkateswarlu v. The Motor & General Traders
- 2012 Amit Kapoor v. Ramesh Chander & Anr.
- 2001 Uday Mohanlal Acharya v. State of Maharasiitra
- 1980 Maru Ram Etc. Etc. v. Union of India & Anr.
- 2012 Manharibhai Muljibhai Kakadia & Anr. v. Shaileshbhai Mohanbhai Patel & Ors.
- 1993 Kishun Singh and Ors. v. State of Bihar
- 2015 R. Dineshkumar @ Deena v. State Rep. by Inspector of Police & Others
- 1982 Municipal Corporation of Delhi v. Ram Kishan Rohtagi and Others
- 1969 Krishnaji Dattatryaya Bapat v. Krishnaji Dattatryaya Bapat
- 1996 Raj Kjshore Prasad v. State of Bihar
- 2002 Shashikant Singh v. Tarkeshwar Singh and Ors.
- 2022 Sukhpal Singh Khaira v. The State of Punjab
- 1955 U.J.S. Chopra v. State of Bombay
- 2023 Yashodhan Singh & Ors. v. The State of Uttar Pradesh & Anr.
- 2011 Sarojben Ashwinkumar Shah v. State of Gujarat and Anr.
Where later benches applied it
Of those, 1 mentioned
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