It is a site to share short notes on law for judicial exam in india. you can comment on any post, ask for judgment on any topic and free to ask any question related to judicial exam.
Oct 19, 2009
Mahesh Chand v. B. Janardhan Reddy and Anr. (2003) 1 SCC 734
It is settled law that there is no statutory bar in filing a second complaint on the same facts. In a case where a previous complaint is reasons, the Magistrate under cognizance of an offence and issue process if there is sufficient ground for proceeding. As held in Pramatha Nath Talukdar case second complaint could be dismissed after a decision has been given against the complainant in previous matter upon a full consideration of his case. Further, second complaint on the same facts could be entertained only in exceptional circumstances, namely, where the previous order was passed on an incomplete record or on a misunderstanding of the nature of complaint or it was manifestly absurd, unjust or where new facts which could not, with reasonable diligence, have been brought on record in the previous proceedings, have been adduced.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment