petitioner, because of the inaction or irregular or improper or wrong action of his adversary, would not be enough. If there is any doubt
suppressing them. In other words, the Magistrate's action
should be directed against the wrong-doer rather than the
wronged. Furthermore, it would
complete or partial and is invariably accompanied by wrongful restraint, and or wrongful confinement and occasionally accompanied by assault, criminal tresspass, mischief to person ... would certainly lodge a complaint, on which suitable actions have to be taken against the wrong-doers which may result even in dismissal or removal
parties or is a consequence of proceedings at law. It
would be wrong to regard the two terms as not be synonymous
with each other ... married. If that clause
envisaged only divorce by voluntary action of the husband,
the second limb of the clause which makes the definition
taking no interest in any particular matter, the complainant can take action, if no prevented by law from doing so."
In the instant cases ... State, whose primary duty is to safeguard the interest of the wronged.
19. This takes us to the next point urged by Sri Jagirdar, namely
situation where a complaint has been wrongly dismissed as a whole or an accused had been wrongly discharged the Court of Session was given ... cases where it could only recommend to the High Court for necessary action in the latter's revisional iurisdiction. Even though under
seen that here also the learned Judge
proceeds on a legally wrong premise, viz., that s. 481 had
nothing to do with ordinary conjugal rights ... husband refused
to cohabit that would not provide any cause of action to the
wife to claim separate maintenance. In a recent decision in
Velayudhan
Capt. Dushyant Somal vs Smt. Sushma Somal And Anr. on 18 February, 1981
Equivalent citations
arrived at by any Magistrate or n Criminal Court in a wrong jurisdiction. If any objection to the territorial jurisdiction is taken in any proceeding ... sheet or complaint is filed, has to proceed with it, except where action has to be taken under Section 202 . Criminal Procedure Code
Rajinder Nath vs M.L. Khosla, Income-Tax Officer And ... on 21 October, 1981
JUDGMENT