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1 - 10 of 33 (0.32 seconds)The Code of Criminal Procedure, 1973
Section 362 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Civil Procedure, 1908
Section 127 in The Code of Criminal Procedure, 1973 [Entire Act]
Shabihul Hasan Jafari vs Zarin Fatma on 16 March, 2000
14. The above view was shared by the High Court of Uttar
Pradesh in Shabihul Hasan Jafari v. Zarin Fatma and another
((2000) CrLJ 3051). It was held that the Magistrate was
competent to recall or set aside the dismissal of a petition for
maintenance.
Sk. Alauddin @ Alai Khan vs Khadiza Bibi @ Mst. Khodeja Khatun And ... on 5 December, 1990
Calcutta High Court in Alauddin @ Alai Khan v.
Khadiza Bibi @ Mst.Kohedja Khatun ((1991) CrlLJ 2035) was
called upon to consider the sustainability of an order of Magistrate,
by which an application under S.125 Cr.P.C dismissed for default
was restored. The court, relying on the decision in Jagir Kaur V
Jaswant Singh (AIR 1963 SC 1521), held that proceedings for
maintenance were in the nature of civil proceedings, though the
criminal process is applied for the purpose of summary and speedy
disposal and hence Magistrate can invoke inherent powers to recall
his earlier order, if sufficient grounds are shown.
Savitri W/O Shri Govind Singh Rawat vs Shri Govind Singh Rawat on 9 October, 1985
It was held that, once it was found that criminal
court had inherent power to grant interim maintenance as held by
the Supreme Court in Savithiri's case (Supra), it follows that
exercise of such inherent powers can be done for setting right the
wrong, by recalling order dismissing maintenance petition.
The Family Courts Act, 1984
Kehari Singh vs State Of U.P.And Another on 16 July, 2010
In Kehari Singh v. State of U.P. And another (2005
Crl.L.J.2330), the Allahabad High Court had held that ex parte
O.P(Crl)204/14
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order in a proceeding under section 125 Cr.P.C. can be restored by
recalling or setting aside the order of dismissal for effective
adjudication on merits.