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may 2008

Supreme Court of India · 2008-05-07

TARAKANATH KAR vs LIPIKA KAR

Citation / case number
SC 2006/20030
Court
Supreme Court of India
Petitioner
TARAKANATH KAR
Respondent
LIPIKA KAR
Bench
ARIJIT PASAYAT & P. SATHASIVAM

Judgment text excerpt

The Supreme Court examined the legality of a High Court order directing departmental proceedings against the appellant, Tarakanath Kar, in a maintenance case under Section 125 of the Code of Criminal Procedure, 1973. The Court held that the High Court exceeded its jurisdiction in issuing such directions while exercising revisional powers, as per Section 362 of the Code, which restricts altering judgments. Consequently, the Supreme Court set aside the High Court's order, reaffirming the limits of judicial authority in maintenance proceedings.

TARAKANATH KAR vs LIPIKA KAR · Niyam