Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | CODE OF CRIMINAL PROCEDURE |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | CODE OF CRIMINAL PROCEDURE, 1973: s. 145(6) - Application for implementation of order passed ul 145(4) - Period of limitation - HELD: Article 137 of Limitation Act, being the residuary provision, would be applicable and since the application was filed beyond three years, High Court rightly held the same as barred by limitation - s. 6 of Specific Relief Act has no application to proceedings u/s 145 of the Code - Limitation Act, 1963 Schedule - Article 137 - Specific Relief Act, 1963 - s.6. ss. 397(3) and 482 - Power of High Court to set aside order of revisional court - HELD: Doors of High Court to a litigant who lost before Sessions Judge in revision are not completely closed and in special cases bar u/s 397(3) can be lifted - Power of High Court u/s 482 is not subject to prohibition u/s 397(3). On an application filed uls 145 of the Code of Criminal Procedure, 1973 by the predecessor-in-interest of the appellants stating that he was dispossessed by respondent no.1 from the lands in dispute within two months of the application, the Executive Magistrate, by his order dated 7.10.1994, declared possession of the appellants over the suit land. On 12.11.1997 the appellants filed another application for restoration of possession in pursuance of the order dated 7.10.1994. The Magistrate directed restoration of possession in favour of the appellants. The criminal revision filed by respondent no.1 was dismissed by the Additional Sessions Judge. On a petition by respondent no. 1, the single Judge of the High Court set aside the orders of the courts below. It was contended for the appellants that having 8 regard to the specific provisions of Sub-section (3) of s. 397 of the Code, the petition before the High Court was not maintainable; that the High Court misinterpretd the provisions of the Specific Relief Act, 1963 and the Limitation Act, 1963 and erred in holding the application filed by the appellants u/s 145 (6) of the Code as barred by limitation. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2009 INSC 138 |
Petitioner | Shakunt Ala Devi & Ors. |
Respondent | Chamru Mahto & Anr. |
SCR | [2009] 3 S.C.R. 85 |
Judgement Date | 2009-02-10 |
Case Number | 258 |
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