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Documents citing Smt. Lata vs Manjul on 23 July, 2019

Vijay Lala vs Ghanshyam on 28 June, 2023

5. Learned counsel for the petitioner submits that since the petitioner is suffering from illness therefore, it can be treated as an exception case, petitioner be exempted from surrendering before the trial court and his application for suspension of sentence be allowed. He placed reliance upon the order dated 23.7.2019 passed by the coordinate Bench of this court in the case of Smt. Lata vs. Manjul wherein the contention has been raised by the learned counsel for the petitioner placing reliance upon the judgment of the Apex court in the case of Vivek Rai & Anr. vs. High Court of Jharkhand , (2015) 12 SCC 86, in light of the aforesaid judgment it was submitted that Rule 48 of the High Court of M.P. Rules, 2008 is pari materia with the Rule 159 of Jharkhand High Court. In this Rule also the applicant is required to be surrendered before the trial Court and declaration to that effect should be filed along with revision memo while interpretating the said Rule.
Madhya Pradesh High Court Cites 6 - Cited by 0 - P N Singh - Full Document

Sanil Prakash Sahu vs Registrar Of Companies Ministry Of ... on 4 September, 2023

7. They also referred the judgment of Apex Court in the case of Vivek Rai and Anr. Vs. High Court of Jharkhand through Registrar General and Ors. (2015) 12 SCC 86 and submits that in exceptional circumstances, Court can exercise such jurisdiction to dispense with surrender aspect and can hear the matters on application under Section 389 of Cr.P.C. They also relied upon the order dated 24.03.2022 passed in CRR No.1039/2022 Dr. Ritesh Vs. Yogendra Kumar and Ors. in which such exemption was given in the case of 3 offence under Section 138 of Negotiable Instrument Act, 1881 and order dated 23.07.2019 passed in CRR No.3467/2019 (Smt. Lata Vs. Manjul) in which coordinate Bench has considered the case under the provisions of Negotiable Instrument Act, 1881. Both were passed by this Court.
Madhya Pradesh High Court Cites 13 - Cited by 0 - A Pathak - Full Document

Ashok Kumar vs The State Of Madhya Pradesh Through ... on 31 May, 2024

5. Learned counsel for the petitioner submits that since the petitioner is suffering from illness therefore, it can be treated as an exception case, petitioner be exempted from surrendering before the trial court and his application for suspension of sentence be allowed. He placed reliance upon the order dated 23.7.2019 passed by the coordinate Bench of this court in the case of Smt. Lata vs. Manjul wherein the contention has been raised by the learned counsel for the petitioner placing reliance upon the judgment of the Apex court in the case of Vivek Rai & Anr. vs. High Court of Jharkhand , (2015) 12 SCC 86, Signature Not Verified Signed by: SUMATHI Signing time: 01-06- 2024 16:05:59 2 in light of the aforesaid judgment it was submitted that Rule 48 of the High Court of M.P. Rules, 2008 is pari materia with the Rule 159 of Jharkhand High Court. In this Rule also the applicant is required to be surrendered before the trial Court and declaration to that effect should be filed along with revision memo while interpretating the said Rule.
Madhya Pradesh High Court Cites 9 - Cited by 0 - P N Singh - Full Document
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