eng
competition

Text Practice Mode

Please join our M.P. High Court Whatsapp group please send your name and city name on this number- 8109957050.

created Aug 15th 2021, 04:51 by piyush jain


1


Rating

357 words
0 completed
00:00
 Please join our M.P. High Court Whatsapp group please send your name and city name on this number- 8109957050. The reference was desired to be resolved by a three-Judge Bench whereafter the same came up for consideration and vide order dated 8.12.2011, the Court opined that in view of the reference made in the case of Dharam Pal & Ors. v. State of Haryana & Anr., (2004) 13 SCC 9, the issues involved being identical in nature, the same should be resolved by a Constitution Bench consisting of at least five Judges. The Bench felt that since a three-Judge Bench has already referred the matter of Dharam Pal (Supra) to a Constitution Bench, then in that event it would be appropriate that such overlapping issues should also be resolved by a Bench of similar strength. Please join our M.P. High Court Whatsapp group please send your name and city name on this number- 8109957050.
Reference made in the case of Dharam Pal (Supra) came to be answered in relation to the power of a Court of Sessions to invoke Section 319 Cr.P.C. at the stage of committal of the case to a Court of Sessions. The said reference was answered by the Constitution Bench in the case of Dharam Pal & Ors. v. State of Haryana & Anr., AIR 2013 SC 3018 [hereinafter called ‘Dharam Pal (CB)’], wherein it was held that a Court of Sessions can with the aid of Section 193 Cr.P.C. proceed to array any other person and summon him for being tried even if the provisions of Section 319 Cr.P.C. could not be pressed in service at the stage of committal. Please join our M.P. High Court Whatsapp group please send your name and city name on this number- 8109957050.
Thus, after the reference was made by a three-Judge Bench in the present case, the powers so far as the Court of Sessions is concerned, to invoke Section 319 Cr.P.C. at the stage of committal, stood answered finally in the aforesaid background. Please join our M.P. High Court Whatsapp group please send your name and city name on this number- 8109957050.
 
 

saving score / loading statistics ...