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The Civil Rules of Practice are in place. The Code of Civil Procedure also lays down the procedure to be adhered to. The judicial order as referred to by the learned counsel also holds the field. When the judicial order holds the field, there cannot be any further administrative circulars or instructions. The learned Judge performing a judicial function, performs a sovereign act. He cannot be directed under the administrative circulars to adopt a particular working methodology. The Registry and the Judicial Officers are certainly required to follow and adhere to the Civil Rules of Practice and the provisions of the Code of Civil Procedure at the time of registration of the suits and further trial. When the rules are in place, there is no requirement of further administrative circulars or instructions. If in a particular case, the procedure is not adhered to, or according to the aggrieved party, some injustice is caused, he has got right for redressal of the same before the appropriate authority/forum. In light of the above, we are not inclined to pass any further orders in the matter. The writ petition is disposed of. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 26.07.2023 Index : Yes/No Neutral Citation : Yes/No tar To: 1.The Registrar General, High Court of Madras Chennai 600 104. 2.The Registrar (Judicial) High Court of Madras Chennai 600 104. THE HON’BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J. (tar) WP No.21770 of 2023 26.07.2023 For petner PT Perumal.adv power of attorney case
by Sekar Reporter · Published August 2, 2023
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In fine, I conclude with the words of the Hon’ble Supreme Court in Yogendra Pratap Singh Case, ‘no complaint can be maintained against the drawer of the cheque before the expiry of 15 days from the date of receipt of notice because the drawer/accused cannot be said to have committed any offence until then. The complaint under Section 138 of Negotiable Instruments Act filed before the expiry of 15 days of service of notice could not be treated as a complaint in the eye of the law and criminal proceedings initiated on such complaint are liable to be quashed.’ In the result, these Criminal Original Petitions are Allowed. The complaint in S.T.C.No.410/2019 & S.T.C.No.411/2019 on the file of Judicial Magistrate-I, Thirupattur, Vellore District are hereby quashed. Consequently, connected Miscellaneous Petitions are closed. 27.10.2022 Index :Yes/No speaking order/non speaking order bsm To:- The Judicial Magistrate No.I, Tirupattur Vellore District. DR.G.JAYACHANDRAN,J. bsm Pre-delivery common order made in Crl.O.P.Nos.16252 and 16254 of 2019 & Crl.M.P.Nos.8124 to 8126 & 8128 of 2019 27.10.2022
by Sekar Reporter · Published October 30, 2022
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Justice V Parthiban-“ Family not High Court is Guardian in Custody Cases”- Epochal Reference Narasimhan Vijayaraghav
by Sekar Reporter · Published December 6, 2021