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november 2007

Supreme Court of India · 2007-11-02

SAVITRI GOENKA vs KUSUM LATA DAMANI .

Citation / case number
SC 2006/12979
Court
Supreme Court of India
Petitioner
SAVITRI GOENKA
Respondent
KUSUM LATA DAMANI .
Author
ARIJIT PASAYAT
Bench
P. SATHASIVAM DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the High Court's order granting bail under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was invalid due to lack of proper service of notice to the appellant, violating principles of natural justice. The Court emphasized that converting applications under Section 482 Cr.P.C. to bail applications is not approved. Consequently, the impugned order was set aside, and the matter was remanded for fresh consideration without expressing any opinion on the merits of the case.

SAVITRI GOENKA vs KUSUM LATA DAMANI . · Niyam