Sec 28(2) Domestic Violence Act does not give the Magistrate power to pass arbitrary orders or to pass such an order which is against the known basic principles of judicial procedure

Nirmal Jeet Kaur vs State of Uttarakhand

Uttarakhand HC

16/08/2012

Cri Misc Appl. No. 833 of 2010

About/from the judgment:

Sec 28(2) Domestic Violence Act

 

In para 7:

The question, before Court, is that whether in the light of expression "its own procedure for proposal of an application", can the Magistrate recall its order passed under Section 23 or not. Certainly said expression does not give the Magistrate power to pass arbitrary orders or to pass such an order which is against the known basic principles of judicial procedure. In the opinion of this Court what aforsaid expression authorities the Magistrate is that he can pass such an order which are in consonance of the basic principles of judicial procedure………

Read the Judgment

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