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Directions: Read the following passage and answer the question.
The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).
Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.
In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.
Q. "Revisional powers belong to supervisory jurisdiction of a superior court." What can a High Court do in case of revision ?
  • a)
    The Court can appraise and appreciate evidence and reach findings on facts to reach its own conclusion on evidence irrespective of any finding by the trial court.
  • b)
    The court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of its jurisdiction including the question whether the court has failed to exercise the jurisdiction vested in it.
  • c)
    Both
  • d)
    None
Correct answer is option 'B'. Can you explain this answer?
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Directions: Read the following passage and answer the question.The Ma...
According to question,
Petitions under Section 482482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below.
Hence, the correct answer is The court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of its jurisdiction including whether the court has failed to exercise the jurisdiction vested in it.
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Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justic e). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. Sumanta is married to Sunita and has 3 children- Rajdeep,Rajrupa and Rajendrani. Also Gitarani, mother of Sumanta, is also alive with no means to sustain herself. In the year 2019 Sumanta left his wife Sunita who is dependent on him. Now to whom does Sumanta have to pay maintenance ?

Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justic e). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. Vikash instituted a criminal proceeding which manifests his malafide motive with an ulterior motive for wreaking vengeance on Rajesh, the accused and with a view to spite him due to personal grudge. The trial court passed an order in favour of Vikash and awarded Rajesh a penalty of 22 years of jail term. Rajesh filed a petition in High Court under section 482482 CrPC. What will happen now.

Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justic e). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. Under which writ can the High Court call records from the lower courts for review ?

Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justic e). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. As per section 482482 CrPC the decision given by High court is

The primary objective of the Micro Small and Medium Enterprises Development Act, (“MSME Act”) is to facilitate the promotion and development and enhance the competitiveness of micro, small and medium enterprises. The MSME Act contains provisions for dispute resolution which are applicable to disputes involving suppliers. Section 18 of the MSME Act provides that any party with a dispute regarding amount due to a Supplier may make a reference to the MSME Facilitation Council (“Council”) for conciliation. If conciliation is unsuccessful, the Council may either take up the dispute itself for arbitration or refer the parties to an arbitral institution. Section 18(4) further provides that the Council or center providing the alternative dispute resolution services shall have jurisdiction to act as an arbitrator or conciliator in a dispute between the Supplier located within its jurisdiction and a buyer located anywhere in India.Section 18 became contentious when multiple cases arose where a party involved in a dispute with a Supplier filed proceedings in court challenging its applicability to their dispute in light of the arbitration agreement entered between the parties. In general, presence of an arbitration agreement would not invalidate arbitration proceedings that have been initiated under the MSME Act, since the MSME Act is a special statute which would override any agreement between the parties. This position was also upheld by the Supreme Court. However, in those cases, the Supplier had initiated proceedings under section 18 of the MSME Act before the Buyer invoked arbitration under the agreement. These cases did not deal with a scenario where the Buyer invoked arbitration under the agreement where there was no reference of a dispute to the Council. For such situations, it has been held that, if the intention of section 18(4) of the MSME Act was to create a legal bar on a party who has a contract with a Supplier under the MSME Act from invoking section 11 of the Arbitration Act, then the legislature would have expressly provided that the MSME Act overrides any arbitration agreement entered under the MSME Act. Section 18(4) would come into play only in cases where a reference was made to the Council under section 18(1). The Court noted the use of the word “may” in section 18(1) and held that in light of the language used, it cannot be said to be mandatory for a Buyer to refer its dispute to the Council under section 18. Since the jurisdiction of the Council had not yet been invoked, there was nothing barring the court from appointing an arbitrator in terms of the arbitration agreement between the parties.By making section 18 of the MSME Act directory, Buyers have been given a way out to circumvent the provisions under the MSME Act.Q. Porwal Sales, the Buyer in this case, filed an application under section 11 of the Arbitration Act for appointment of an arbitral tribunal under an arbitration agreement between the parties. One of the objections raised by Flame Control Industries was that since it was a supplier within the meaning of the MSME Act, and in light of section 18(4), the jurisdiction of the court to entertain an application under section 11 of the Arbitration Act would be ousted. On the reading of the passage, determine whether the pleading of the Supplier would be entertained?

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Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. "Revisional powers belong to supervisory jurisdiction of a superior court." What can a High Court do in case of revision ?a)The Court can appraise and appreciate evidence and reach findings on facts to reach its own conclusion on evidence irrespective of any finding by the trial court.b)The court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of its jurisdiction including the question whether the court has failed to exercise the jurisdiction vested in it.c)Bothd)NoneCorrect answer is option 'B'. Can you explain this answer?
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Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. "Revisional powers belong to supervisory jurisdiction of a superior court." What can a High Court do in case of revision ?a)The Court can appraise and appreciate evidence and reach findings on facts to reach its own conclusion on evidence irrespective of any finding by the trial court.b)The court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of its jurisdiction including the question whether the court has failed to exercise the jurisdiction vested in it.c)Bothd)NoneCorrect answer is option 'B'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. "Revisional powers belong to supervisory jurisdiction of a superior court." What can a High Court do in case of revision ?a)The Court can appraise and appreciate evidence and reach findings on facts to reach its own conclusion on evidence irrespective of any finding by the trial court.b)The court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of its jurisdiction including the question whether the court has failed to exercise the jurisdiction vested in it.c)Bothd)NoneCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. "Revisional powers belong to supervisory jurisdiction of a superior court." What can a High Court do in case of revision ?a)The Court can appraise and appreciate evidence and reach findings on facts to reach its own conclusion on evidence irrespective of any finding by the trial court.b)The court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of its jurisdiction including the question whether the court has failed to exercise the jurisdiction vested in it.c)Bothd)NoneCorrect answer is option 'B'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. "Revisional powers belong to supervisory jurisdiction of a superior court." What can a High Court do in case of revision ?a)The Court can appraise and appreciate evidence and reach findings on facts to reach its own conclusion on evidence irrespective of any finding by the trial court.b)The court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of its jurisdiction including the question whether the court has failed to exercise the jurisdiction vested in it.c)Bothd)NoneCorrect answer is option 'B'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. "Revisional powers belong to supervisory jurisdiction of a superior court." What can a High Court do in case of revision ?a)The Court can appraise and appreciate evidence and reach findings on facts to reach its own conclusion on evidence irrespective of any finding by the trial court.b)The court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of its jurisdiction including the question whether the court has failed to exercise the jurisdiction vested in it.c)Bothd)NoneCorrect answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. "Revisional powers belong to supervisory jurisdiction of a superior court." What can a High Court do in case of revision ?a)The Court can appraise and appreciate evidence and reach findings on facts to reach its own conclusion on evidence irrespective of any finding by the trial court.b)The court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of its jurisdiction including the question whether the court has failed to exercise the jurisdiction vested in it.c)Bothd)NoneCorrect answer is option 'B'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. "Revisional powers belong to supervisory jurisdiction of a superior court." What can a High Court do in case of revision ?a)The Court can appraise and appreciate evidence and reach findings on facts to reach its own conclusion on evidence irrespective of any finding by the trial court.b)The court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of its jurisdiction including the question whether the court has failed to exercise the jurisdiction vested in it.c)Bothd)NoneCorrect answer is option 'B'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. "Revisional powers belong to supervisory jurisdiction of a superior court." What can a High Court do in case of revision ?a)The Court can appraise and appreciate evidence and reach findings on facts to reach its own conclusion on evidence irrespective of any finding by the trial court.b)The court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of its jurisdiction including the question whether the court has failed to exercise the jurisdiction vested in it.c)Bothd)NoneCorrect answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer the question.The Madras High Court has dismissed a case filed by a person challenging two consecutive orders passed by courts directing him to pay maintenance of Rs.5000 a month to his aged mother under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children and parents).Justice PN. Prakash said he did not find any manifest illegality in the order passed by a judicial magistrate court in Salem in 2012 and confirmed by a sessions court in 2014 while dismissing a revision petition preferred by the man under Section 397 of the CrPC (calling for records to exercise powers of revision). The judge pointed out that an order by a judicial or metropolitan magistrate for payment of monthly maintenance to parents, wife or children could be challenged by way of a criminal revision petition either before a High Court or a sessions court. After the petitioner moves a revision application before the High Court or the sessions court, no further application by the same person could be entertained by either of the courts.There was a specific bar on it under Section 397(3) of CrPC.In an attempt to overcome such a bar, the present petitioner preferred an application before the High Court under Section 482 of the CrPC (inherent power of the High Court to prevent abuse of process of any court or to secure the ends of justice). Holding the course adopted by the petitioner as not maintainable, Justice Prakash said petitions under Section 482 could be entertained by the High Court only if there was a manifest illegality in the orders passed by the courts below. "In the present case, this court does not find any such illegality.The mother-son relationship is not disputed.Only the quantum of maintenance is challenged. This is a question of fact, which has been gone into by the two courts below," the judge said, and dismissed the case.Q. "Revisional powers belong to supervisory jurisdiction of a superior court." What can a High Court do in case of revision ?a)The Court can appraise and appreciate evidence and reach findings on facts to reach its own conclusion on evidence irrespective of any finding by the trial court.b)The court has to confine to the legality and propriety of the findings and also whether the subordinate court has kept itself within the bounds of its jurisdiction including the question whether the court has failed to exercise the jurisdiction vested in it.c)Bothd)NoneCorrect answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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