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Madhu Mittal (Director)     15 April 2023

Direction to decide "as also in the light of the case of c.b. joseph (supra)" is mandatory to foll

There are two citations 1. Raj High Court decided on 13.03.2012 in S.B. Criminal Misc. Petition No. 826/2012 named Maloo Finvest Services Pvt. Ltd. vs. Om Prakash Sharma  and 2. Kerala High court decided on 11.07.1989 in A.S. No. 162 of 1988 named C.B. Joseph Vs M.P. Chandran. When the Case u/s 138 N I Act u/s 482 Crpc is decided by Raj High Court on 13032012, it was ordered  "…the order dated 3.8.2010 passed by learned Addl. CJM No. 8, Jaipur City, Jaipur are quashed and set aside with the direction to the learned trial court to decide the matter afresh in the light of aforesaid submissions as also the objections which he has raised in this petition as also in the light of the case of C.B. Joseph (supra)."  Now please guide whether this direction to decide   "as also in the light of the case of C.B. Joseph (supra)" only applied to the particular case decided by Raj HC on 13032012 or Can it be used in all other cases related u/s 138 N I Act also, and all Trial as well as ADJ courts in Rajasthan as far as cases u/s 138 N I Act concerned are bound by this decision dated 13.03.2012 of Raj High Court as mandatory ?


 3 Replies

P. Venu (Advocate)     15 April 2023

What are the facts as well the context? Any meaningful opinion is impossible unless the basic ingredients are provided.

T. Kalaiselvan, Advocate (Advocate)     16 April 2023

The citations referred by you  pertain to the appeals preferred before high court.

Your case is still in trial court awaiting trial, hence in what way these citations can be of any use to you at this early stage of your case?


Dr J C Vashista (Advocate)     17 April 2023

Not very clear on the facts vis-a-vis query.

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