Topic
The Delhi High Court ruled that a judge’s order extending custodial investigation under UAPA’s Sec 43D(2)(b) is merely interlocutory, so an appeal under Sec 21 of the NIA Act is barred. Parties must instead seek a revision under CrPC Sec 482. This limits immediate appellate relief in NIA investigations.
Allahabad High Court reaffirms that bail conditions, even those imposed years earlier, can be modified under Section 482 CrPC if they become unjust or onerous. The court set aside a 12-year-old condition requiring a Rs. 64 lakh deposit, emphasizing that bail orders remain interlocutory and subject to judicial review to secure justice. This ruling reinforces the flexibility of inherent powers to prevent miscarriage of justice in prolonged trials.
The Rajasthan High Court affirmed that petitioners may invoke Section 528 BNSS to challenge interlocutory orders tainted by abuse of power, even when a statutory revision remedy exists. This reinforces that inherent jurisdiction is not ousted by procedural alternatives when justice is at stake - a critical safeguard for parties facing arbitrary dispossession or procedural manipulation in pending civil disputes.
Bombay High Court upholds an arbitral tribunal's order allowing a partner to be joined as a trustee in arbitration proceedings, clarifying that Section 17 permits such joinder to preserve fairness without affecting legal ownership. The ruling reinforces the flexibility of arbitration proceedings in complex business disputes involving trusts and partnerships.
Calcutta High Court rules that a Debts Recovery Tribunal’s interim observation on NPA classification is tentative and does not bind parties at the final hearing. The Court also affirms that a Chief Judicial Magistrate can extend the execution time for a possession order under Section 14(2) of the SARFAESI Act, even if the procedural terminology used is imprecise, ensuring flexibility in enforcement.
Madhya Pradesh High Court rules that Article 227 petitions remain maintainable to challenge orders under Order VII Rule 11 CPC, even when the Commercial Courts Act bars appeal or revision. The decision clarifies that supervisory jurisdiction under the Constitution overrides statutory limitations for interlocutory orders lacking alternative remedies.