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february 1977

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.

RAJ KUMARI VIJH vs DEV RAJ VIJH · Niyam