Dismissal Of An Earlier Section 482 CrPC Petition Does Not Bar Filing Of Subsequent Petition If Facts So Justify: Supreme Court

Dismissal Of An Earlier Section 482 CrPC Petition Does Not Bar Filing Of Subsequent Petition If Facts So Justify

Case: Vinod Kumar IAS vs. Union of India

Coram: Justices UU Lalit, Indira Banerjee and Ajay Rastogi

Case No: [WP(Crl 255/2021]

Court Observation: The law on point as held by this Court in “Superintendent and Remembrancer of Legal Affairs, West Bengal Vs. Mohan Singh & Ors.” reported in SCC (1975) 3 706 is clear that dismissal of an earlier 482 petition does not bar filing of subsequent petition under Section 482, in case the facts so justify. Needless to say that as and when any appropriate application under the Code is preferred by the petitioner, the same shall be dealt with purely on its own merits without being influenced by the dismissal of the instant writ petition.

[doc id=6763]

Previous Posts

Widow Loses Right In Property Inherited From Previous Husband On Valid Remarriage: Chhattisgarh High Court

Hindu Joint Family Even If Partitioned Can Revert Back And Reunite To Continue Joint Family Status: Supreme Court

Bar Under Order XXIII Rule 3A Attracted If Compromise On The Basis Of Which Decree Was Passed Was Void Or Voidable: Supreme Court

“Street Dogs Have Right To Food And Citizens Have Right To Feed Them Without Impinging Upon The Rights Of Others: Delhi High Court

Death Due To COVID Or COVID-Related Complications Should Be Specifically Mentioned In Death Certificate: Supreme Court

Mode Of Entry In Service Is Not Relevant For Considering Promotion Of Persons With Disabilities: Supreme Court

Award Of Lok Adalat Cannot Be Considered As An Award Of The Court Made Under Part III Of Land Acquisition Act: Bombay High Court

Law Of Limitation Only Bars Judicial Remedy, The Substantive Right Survives: Kerala High Court

Supreme Court Directs States/UTs To Strictly Implement Inter-State Migrant Workmen Act 1979

‘Legitimate Legislative Exercise’: Supreme Court Dismisses Plea Challenging Tamil Nadu Land Acquisition Laws Act 2019