Supreme Court of India · 1977-02-15
RAJ KUMARI VIJH vs DEV RAJ VIJH
- Citation / case number
- SC 1974/60277
- Court
- Supreme Court of India
- Petitioner
- RAJ KUMARI VIJH
- Respondent
- DEV RAJ VIJH
- Author
- P.N. SHINGAL
- Bench
- P.N. SHINGAL
Judgment text excerpt
The Supreme Court clarified the applicability of Section 531 of the Code of Criminal Procedure, 1898, stating that a finding, sentence, or order of a criminal court cannot be set aside solely due to jurisdictional errors unless it results in a failure of justice. In this case, the appellant's maintenance petition under Section 488 was initially challenged on jurisdictional grounds, but the Magistrate proceeded to decide on merits. The High Court's ruling that Section 531 was inapplicable was overturned, affirming that a Magistrate can determine jurisdiction after considering evidence, thus allowing the appeal.