Browsing: legal principles
News Summary The Supreme Court has delivered a landmark decision clarifying the legal parameters for invoking a plea of demurrer—an objection that tests the legal sufficiency…
SC Says Criminal Courts Can Only Fix Clerical Mistakes, Not Recall or review it’s judgement
The Supreme Court held that criminal courts cannot review or recall their own final, signed orders except to correct clerical or arithmetical mistakes, and set aside the Rajasthan High Court’s recall and transfer of two FIR investigations to the CBI. It ruled that inherent powers under Section 482 (now Section 528 BNSS) cannot override the bar in Section 362 CrPC (now Section 403 BNSS). The Court restored finality to the earlier order and allowed parties to seek appropriate remedies.
The Supreme Court of India has, in M. Rajendran & Ors. v. M/s KPK Oils and Proteins India Pvt. Ltd. & Ors., laid down clear principles…
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