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1 - 10 of 20 (0.29 seconds)Amit Sibal vs Arvind Kejriwal . on 17 November, 2016
In light of the observations made by Hon'ble Supreme Court in
the case of Amit Sibbal (Supra), specifically remanded the case back to
Hon'ble Delhi High Court for decision on merits while exercising the
power under Section 482 Cr.P.C, the law of precedents would prevail
and this court is bound by the judgments of Hon'ble Supreme Court in
Adalat Prasat (supra), Subramaniam Sethuraman (supra) and Amit
Sibbal (supra).
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
S.K.Bhalla vs State & Ors. on 13 May, 2011
10. Reliance was also placed on the judgments of Hon'ble High
Court of Delhi in:(a) South Delhi Municipal Corporation Vs BSES
Rajdhani Power Limited decided on 14.07.2015; (b)Bal Ram Vs BSES
Rajdhani Power Ltd. & Ors. Decided on 20.04.2015; (c) Rainee Singh
Vs State, decided on 29.09.2014; and (d) S.K. Bhalla Vs State & Ors.,
decided on 13.05.2011, to argue that Ld. MM is not expected to
function like a post office and mechanically frame notice but is bound
by law to apply its mind to find out whether prima facie case is made
out or not. Ld. Counsel for the revisionist has further placed reliance
on the judgments of Rahul Builders Vs Arihant Fertilizers &
Chemicals & Anr., (2008) 2 SCC 321 and Ramaraj Vs Rajesh Kumar
MANU/KE/1027/2014 in support of his arguments.
M/S. Rahul Builders vs M/S. Arihant Fertilizers & Chemical & ... on 2 November, 2007
10. Reliance was also placed on the judgments of Hon'ble High
Court of Delhi in:(a) South Delhi Municipal Corporation Vs BSES
Rajdhani Power Limited decided on 14.07.2015; (b)Bal Ram Vs BSES
Rajdhani Power Ltd. & Ors. Decided on 20.04.2015; (c) Rainee Singh
Vs State, decided on 29.09.2014; and (d) S.K. Bhalla Vs State & Ors.,
decided on 13.05.2011, to argue that Ld. MM is not expected to
function like a post office and mechanically frame notice but is bound
by law to apply its mind to find out whether prima facie case is made
out or not. Ld. Counsel for the revisionist has further placed reliance
on the judgments of Rahul Builders Vs Arihant Fertilizers &
Chemicals & Anr., (2008) 2 SCC 321 and Ramaraj Vs Rajesh Kumar
MANU/KE/1027/2014 in support of his arguments.