Search Results Page

Search Results

1 - 4 of 4 (0.55 seconds)

Mr. Yuvraj Bery vs Ms. Aakriti Singh on 10 December, 2021

7. Evidently, in the case at hand, Ld. Trial Court has simply summoned the appellants without passing any orders having any material bearing upon the rights of the parties. There cannot be any quarrel with the proposition that an appeal lies u/s 29 of the D.V. Act against an 'order' passed by the Magistrate. However, the term 'order' would not include with in its ambit orders which are purely procedural in nature having no bearings upon the rights of the parties. If the word 'order' is not interpreted restrictively, the proceedings before the Ld. Trial Court would become virtually impossible as any mischievous litigant would stall the proceedings before the Ld. Trial Court by filing appeals against each and every order passed by the Ld. Trial Court during the course of proceedings. I am fortified in my opinion by the judgment of Hon'ble Delhi High Court in the matter of Charu Chawla Vs. R.K. Anand Crl. Rev. P. 858/2017, 2018 SCC online Del 9229 wherein it has been observed that:-
Delhi District Court Cites 10 - Cited by 0 - Full Document

Sunil Talwar & Ors vs State & Ors Ca No.54630/16 (97/16) on 2 February, 2019

In Charu Chawla Vs R.K Anand & Anr. 2018 (3) LRC 483 Del., it is held that, "interlocutory orders which deal only with procedure and which did not affect the rights of a party will certainly not fall within the sweep of expression 'order' in Section 29 of the Act. It was held that order to be appealable, has to affect or have a material reflection on the rights of the parties. Thus, what is meant is that the revision petition can be brought in this Court against such orders passed under the D.V Act which do not affect or have a material reflection on the right of parties."
Delhi District Court Cites 10 - Cited by 0 - Full Document

Mithun Bharti vs Hansika @ Jyoti Cr No.56229/16 on 3 October, 2018

16. I would further add that recently our own Hon'ble High Court of Delhi in  Charu Chawla Vs R.K Anand & Anr. 2018 (3) LRC   483   Del  has   held   that   interlocutory   orders   which   deal only with procedure and which did not affect the rights of a party   will   certainly   not   fall   within   the   sweep   of   expression 'order' in Section 29 of the Act. It was   held that order to be appealable, has to affect or have a material reflection on the rights of the parties.
Delhi District Court Cites 16 - Cited by 0 - Full Document
1