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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. 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.
  • a)
    High Court will entertain the petition and rule in favour of Vikash
  • b)
    High court will entertain the petition and rule in favour of Rajesh
  • c)
    High Court will accept the petition but reject it later as there is no illegality of law.
  • d)
    High Court will reject the petition as there is alternate remedy present.
Correct answer is option 'B'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the following passage and answer the question.The Ma...
According to question,
Trial court verdict was in favour of Vikash and awarded Rajesh a penalty of 2 years of jail term. Rajesh filed a petition in High Court under section 482482CrPC. Petitions under Under Section482482 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.
Thus, High court will entertain the petition and rule in favour of Rajesh.
Hence the correct answer is High court will entertain the petition and rule in favour of Rajesh.
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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. As per section 482482 CrPC the decision given by High court is

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. "Revisional powers belong to supervisory jurisdiction of a superior court." What can a High Court do in case of revision ?

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.Maintenance is a term mostly associated with the financial support that a woman can claim from her husband after divorce. However, the word has a much wider connotation since maintenance can be claimed not just by a married or divorced woman but also by the children and parents of a married man. Maintenance is defined under Section 3( b) of the Hindu Adoption and Maintenance Act, 1956, as provisions for food, clothing, residence, education and medical attendance and treatment and in the case of an unmarried daughter, also the reasonable expenses of and incident to her marriage. Different personal laws due to the presence of different religions in India, marriage, divorce and maintenance are governed by their own personal laws. Under Section 125 of the Code of Criminal Procedure, 1973, members of all communities can claim maintenance including wives, children and parents if they are unable to support themselves. Provisions for interim and permanent maintenance have been provided under the Hindu Marriage Act, 1955, according to which there are two types of maintenance-interim or temporary, and permanent, which are ordered by a court. The former, under Section 24, is the maintenance granted to a spouse during the pendency of court proceedings, while the latter includes permanent maintenance and alimony under Section 25. The maintenance does not include stridhan, which is the wifes right. Also, the quantum of maintenance is decided by the courts on the basis of the husbands financial income, assets, liabilities, wifes employment and earning status, among others. According to Supreme Court ruling, even if an estranged wife is earning, she can make a claim for maintenance if her income is not sufficient to sustain her. So, the belief that a working woman cannot claim maintenance does not hold true. Various Acts also ensure that the woman can demand maintenance even if she is separated and not divorced. Besides, as per a high court ruling, a husband cannot get away with not paying maintenance to his wife by saying that he is jobless or is not earning. The question arises, can men claim maintenance? Supreme Court many a times has said that yes, if men cannot support themselves financially, they can claim maintenance from their wives who are financially well-off and earning more than them. This can be done under Section 24 of the Hindu Marriage Act, 1955, which mentions both husbands and wives as liable to making such a claim.[Extracted, with edits and revisions, from Money & Relationships: When can a woman claim maintenance from a man?, Business News - Economic Times]Q.According to the passage, which individuals can claim maintenance under Section 125 of the Code of Criminal Procedure, 1973?

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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. 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.a)High Court will entertain the petition and rule in favour of Vikashb)High court will entertain the petition and rule in favour of Rajeshc)High Court will accept the petition but reject it later as there is no illegality of law.d)High Court will reject the petition as there is alternate remedy present.Correct 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. 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.a)High Court will entertain the petition and rule in favour of Vikashb)High court will entertain the petition and rule in favour of Rajeshc)High Court will accept the petition but reject it later as there is no illegality of law.d)High Court will reject the petition as there is alternate remedy present.Correct 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. 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.a)High Court will entertain the petition and rule in favour of Vikashb)High court will entertain the petition and rule in favour of Rajeshc)High Court will accept the petition but reject it later as there is no illegality of law.d)High Court will reject the petition as there is alternate remedy present.Correct 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. 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.a)High Court will entertain the petition and rule in favour of Vikashb)High court will entertain the petition and rule in favour of Rajeshc)High Court will accept the petition but reject it later as there is no illegality of law.d)High Court will reject the petition as there is alternate remedy present.Correct 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. 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.a)High Court will entertain the petition and rule in favour of Vikashb)High court will entertain the petition and rule in favour of Rajeshc)High Court will accept the petition but reject it later as there is no illegality of law.d)High Court will reject the petition as there is alternate remedy present.Correct 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. 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.a)High Court will entertain the petition and rule in favour of Vikashb)High court will entertain the petition and rule in favour of Rajeshc)High Court will accept the petition but reject it later as there is no illegality of law.d)High Court will reject the petition as there is alternate remedy present.Correct 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. 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.a)High Court will entertain the petition and rule in favour of Vikashb)High court will entertain the petition and rule in favour of Rajeshc)High Court will accept the petition but reject it later as there is no illegality of law.d)High Court will reject the petition as there is alternate remedy present.Correct 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. 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.a)High Court will entertain the petition and rule in favour of Vikashb)High court will entertain the petition and rule in favour of Rajeshc)High Court will accept the petition but reject it later as there is no illegality of law.d)High Court will reject the petition as there is alternate remedy present.Correct 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. 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.a)High Court will entertain the petition and rule in favour of Vikashb)High court will entertain the petition and rule in favour of Rajeshc)High Court will accept the petition but reject it later as there is no illegality of law.d)High Court will reject the petition as there is alternate remedy present.Correct 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. 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.a)High Court will entertain the petition and rule in favour of Vikashb)High court will entertain the petition and rule in favour of Rajeshc)High Court will accept the petition but reject it later as there is no illegality of law.d)High Court will reject the petition as there is alternate remedy present.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
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