web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

MS. Bhaskar Industries Ltd Vs MS. Bhiwani Denim and Apparels Ltd and Ors on 27 August 2001

Posted on March 7, 2020 by ShadesOfKnife

Supreme Court held the scope of 205 CrPC in this judgment as,

Second is that it is difficult, in the absence of other materials, to decide positively whether the order dated 28.4.2000 is an interlocutory order only.
The interdict contained in Section 397(2) of the Code of Criminal Procedure (for short the Code) is that the powers of revision shall not be exercised in relation to any interlocutory order. Whether an order is interlocutory or not, cannot be decided by merely looking at the order or merely because the order was passed at the interlocutory stage. The safe test laid down by this Court through a series of decisions is this: If the contention of the petitioner who moves the superior court in revision, as against the order under challenge is upheld, would the criminal proceedings as a whole culminate? If it would,then the order is not interlocutory in spite of the fact that it was passed during any interlocutory stage.

And

Section 251 is the commencing provision in Chapter XX of the Code which deals with trial of summons cases by magistrates. It enjoins on the court to ask the accused whether he pleads guilty when the accused appears or is brought before the magistrate. The appearance envisaged therein can either be by personal attendance of the accused or through his advocate. This can be understood from Section 205(1) of the Code which says that whenever a magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
17. Thus, in appropriate cases the magistrate can allow an accused to make even the first appearance through a counsel. The magistrate is empowered to record the plea of the accused even when his counsel makes such plea on behalf of the accused in a case where the personal appearance of the accused is dispensed with. Section 317 of the Code has to be viewed in the above perspective as it empowers the court to dispense with the personal attendance of the accused (provided he is represented by a counsel in that case) even for proceeding with the further steps in the case. However, one precaution which the court should take in such a situation is that the said benefit need be granted only to an accused who gives an undertaking to the satisfaction of the court that he would not dispute his identity as the particular accused in the case, and that a counsel on his behalf would be present in court and that he has no objection in taking evidence in his absence. This precaution is necessary for the further progress of the proceedings including examination of the witnesses.

“18. A question could legitimately be asked – what might happen if the counsel engaged by the accused (whose personal appearance is dispensed with) does not appear or that the counsel does not co-operate in proceeding with the case? We may point out that the legislature has taken care for such eventualities. Section 205(2) says that the magistrate can in his discretion direct the personal attendance of the accused at any stage of the proceedings. The last limb of Section 317(1) confers a discretion on the magistrate to direct the personal attendance of the accused at any subsequent  stage of the proceedings. He can even resort to other steps for enforcing such attendance.

“19. The position, therefore, bogs down to this: It is within the powers of a magistrate and in his judicial discretion to dispense with the personal appearance of an accused either throughout or at any particular stage of such proceedings in a summons case, if the magistrate finds that insistence of his personal presence would itself inflict enormous suffering or tribulations to him, and the comparative advantage would be less. Such discretion need be exercised only in rare instances where due to the far distance at which the accused resides or carries on business or on account of any  physical or other good reasons the magistrate feels that dispensing with the personal attendance of the accused would only be in the interests of justice. However, the magistrate who grants such benefit to the accused must take the precautions enumerated above, as a matter of course. We may reiterate that when an accused makes an application to a magistrate through his duly authorised counsel praying for affording the benefit of his personal presence being dispensed with the magistrate can consider all aspects and pass appropriate orders thereon before proceeding further.”

MS. Bhaskar Industries Ltd Vs MS. Bhiwani Denim & Apparels Ltd and Ors on 27 August 2001

Citations: [2001 KHC 0 714], [2001 AIR SC 3625], [2001 UC 2 370], [2001 AD SC 6 612], [2001 SCC 6 339], [2001 AWC SC 4 2981], [2001 CRI LJ 4250], [2001 JIC 2 685], [2001 MPLJ 3 664], [2001 SUPREME 6 339], [2001 AIR SC 0 3413], [2001 JCC 2 127], [2001 ACR SC 3 2297], [2001 KERLT 3 307], [2001 JT SC 7 127], [2001 SCC 7 401], [2001 CRIMES SC 4 199], [2002 PLJR 4 95], [2002 MAHLJ 1 81], [2002 BOMCR CRI SC 190], [2002 BOMCR SC 2 265], [2002 ALT CRI 1 13], [2001 RCR CRI 4 137], [2003 JLJ SC 1 56], [2001 SCALE 5 503], [2001 CRLJ 0 4250], [2001 S SCR 2 219], [2001 SCC CR 0 1254], [2001 RCR CRIMINAL 4 137], [2001 DCR SC 602], [2001 OLR 2 613], [2002 LJ 1 161], [2001 CCR 0 208], [2001 SRJ 8 415], [2001 CRLR SC 0 481], [2001 SCC CRI 0 1254], [2001 CALCRILR 0 481], [2001 SLT 6 120], [2001 CCR 3 208], [2001 ALLMR CRI 0 1961], [2001 SCJ 3 176], [2002 BCR 2 265], [2002 MHLJ SC 1 81], [2001 ALD CRI 2 530], [2002 BCR CRI 0 190]

Other Source links:

https://indiankanoon.org/doc/1255592/

https://www.casemine.com/judgement/in/5609ad9ce4b0149711411db4

Shades of Knife


Disclaimer:

Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 205 – Magistrate may dispense with personal attendance of accused CrPC 397(2) - Revision Not Exercised in Any Interlocutory Order Landmark Case Legal Procedure Explained - Interpretation of Statutes MS. Bhaskar Industries Ltd Vs MS. Bhiwani Denim & Apparels Ltd and Ors Reportable Judgement or Order Work-In-Progress Article | Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Sri Bhagwan Samardha Sreepada Vallabha Venkata Vishwanandha Maharaj Vs State of A.P and Ors on 15 Jul 1999 May 16, 2023
  • Rajendra Kumar Vs Rukhmani Bisen on 02 Feb 2023 May 16, 2023
  • Kalyan Dey Chowdhury Vs Rita Dey Chowdhury on 19 Apr 2017 May 15, 2023
  • Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023 May 6, 2023
  • State of AP Vs Mannem Trivikram Reddy on 28 Jun 2017 May 3, 2023

Most Read Posts

  • XYZ Vs State of Madhya Pradesh and Ors on 05 Aug 2022 (1,873 views)
  • Premchand Vs State of Maharashtra on 03 Mar 2023 (1,098 views)
  • In Re Policy Strategy for Grant of Bail (Guidelines Issued) on 31 Jan 2023 (901 views)
  • Y.Narasimha Rao and Ors Vs Y.Venkata Lakshmi and Anr on 9 Jul 1991 (684 views)
  • Ritu @ Ridhima and Another Vs Sandeep Singh Sangwan on 15 Mar 2022 (584 views)
  • YS Jagan Mohan Reddy Vs Central Bureau of Investigation on 26 Aug 2022 (560 views)
  • Chintakayala Vijay Vs State of AP and Ors on 05 Dec 2022 (552 views)
  • P Sivakumar and 2 Ors Vs State of Tamil Nadu on 09 Feb 2023 (541 views)
  • Life Cycle stages of a Public Interest Litigation (WP-PIL) in a High Court (538 views)
  • Shilpa Sailesh Vs Varun Sreenivasan on 01 May 2023 (534 views)

Tags

Reportable Judgement or Order (334)Legal Procedure Explained - Interpretation of Statutes (333)Landmark Case (322)2-Judge (Division) Bench Decision (271)Catena of Landmark Judgments Referred/Cited to (220)Work-In-Progress Article (218)1-Judge Bench Decision (155)Sandeep Pamarati (88)3-Judge (Full) Bench Decision (84)Article 21 - Protection of life and personal liberty (75)Issued or Recommended Guidelines or Directions or Protocols to be followed (56)Perjury Under 340 CrPC (53)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (52)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)CrPC 482 - Quash (38)Not Authentic copy hence to be replaced (35)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (646)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (299)High Court of Andhra Pradesh Judgment or Order or Notification (159)High Court of Delhi Judgment or Order or Notification (108)High Court of Bombay Judgment or Order or Notification (91)High Court of Karnataka Judgment or Order or Notification (66)High Court of Madras Judgment or Order or Notification (54)General Study Material (54)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)High Court of Punjab & Haryana Judgment or Order or Notification (45)Judicial Activism (for Public Benefit) (41)High Court of Allahabad Judgment or Order or Notification (41)District or Sessions or Magistrate Court Judgment or Order or Notification (39)High Court of Kerala Judgment or Order or Notification (31)High Court of Gujarat Judgment or Order or Notification (26)High Court of Madhya Pradesh Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on All Reliefs from Judiciary
  • Veena Reddy.T on All Reliefs from Judiciary
  • ShadesOfKnife on Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010
  • G Reddeppa on Sanjay Bhardwaj and Ors Vs The State and Anr on 27 August 2010
  • ShadesOfKnife on Beena MS Vs Shino G Babu on 04 Feb 2022

Archives of SoK

  • May 2023 (5)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • RUH (Riyadh) on 2023-08-23 August 23, 2023
    THIS IS A SCHEDULED EVENT Aug 23, 15:30 - 23:00 UTCMay 22, 21:40 UTCScheduled - We will be performing scheduled maintenance in RUH (Riyadh) datacenter on 2023-08-23 between 15:30 and 23:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • RUH (Riyadh) on 2023-08-22 August 22, 2023
    THIS IS A SCHEDULED EVENT Aug 22, 15:30 - 23:00 UTCMay 22, 21:40 UTCScheduled - We will be performing scheduled maintenance in RUH (Riyadh) datacenter on 2023-08-22 between 15:30 and 23:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • RUH (Riyadh) on 2023-08-16 August 16, 2023
    THIS IS A SCHEDULED EVENT Aug 16, 15:30 - 23:00 UTCMay 22, 21:40 UTCScheduled - We will be performing scheduled maintenance in RUH (Riyadh) datacenter on 2023-08-16 between 15:30 and 23:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]

RSS List of Spam Server IPs from Project Honeypot

  • 94.131.119.144 | SDW May 28, 2023
    Event: Bad Event | Total: 2,891 | First: 2023-05-03 | Last: 2023-05-28
  • 103.18.101.133 | SD May 28, 2023
    Event: Bad Event | Total: 265 | First: 2023-03-21 | Last: 2023-05-28
  • 192.142.133.12 | S May 28, 2023
    Event: Bad Event | Total: 8,035 | First: 2023-02-27 | Last: 2023-05-28
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 4369 access attempts in the last 7 days.

pixel