case of Jaya Chakravarti (supra) read as
under:-
"10. Section 97 Cr.P.C gives power to the Magistrate to issue a search
warrant ... male children. So far the power under section 97 Cr.P.C is
concerned such power is liable to be exercised if the Magistrate
question of maintainability of the appeal in
view Section 97 of the Code. The learned counsel appearing on behalf of the
appellants submitted that inadvertently ... learned
First Appellate Court had dismissed the appeal under Section 97 of the Code,
the third substantial question of law so formulated should be construed
Sri Adrushya Kadeshwara Swamiji vs The Deputy Commissioner on 25 November, 2025
Author: M.Nagaprasanna
under
Section 38 (3) (b) and (c) of Code and void ab initio.
Consequently, no title passed.
18. It was submitted Section 97 of Code ... also noted that grounds urged herein namely
that Section 97 of Code mandates issuance of notice, holding of
summary enquiry by DC, failure
clearly an inconsistency by virtue
of Section 97 of the Amending Act.
42. Section 97 of the Code of Civil Procedure (Amendment) Act,
1976, reads ... Code both the main part of the Code consisting of sections and
the First Schedule to the Code which contains Orders and
Rules. Section 97
stand up and allege the order dated 07.05.2012 as ex-parte. Section 97 CPC provides for appeal from preliminary decree, which is as under ... Atmaram Kelapure vs. Indirabai , 1996 (8) SCC 400, held that though Section 97 CPC provides for an appeal against preliminary decree, but amendment
contrary in this Code, Section 4 CPC saved
special or local law. But after it comes in conflict, Section 4
CPC would not save ... Section 97(1). What Section 97(1) really does is to state that where
a State Legislature makes an amendment in the Code of Civil
Petitioner, would be covered under Section 96 of the Indian Penal Code
i.e. things done in private defence. We are of the opinion, that ... covered under Section 97 and 98 of the Indian Penal Code. Section
97 refers to Right of private defence of body and property subject
contrary in this Code, Section 4 CPC
saved special or local law. But after it comes in conflict,
Section 4 CPC would not save ... Section 97(1). What
Section 97(1) really does is to state that where a State
Legislature makes an amendment in the Code of Civil
attached to it. It would be relevant
to refer to Section 97 of the Code of Civil
Procedure which provides that where a party
aggrieved ... allowed. The learned
Judges arrived at such conclusion considering Section
97 of the Code.
11. Strong reliance was placed by him on the decision
