In T.T. Varkey v. Nandilathuparambil Govindan (Kerala High Court, 29 June 1983), how was the…
In T.T. Varkey the Kerala High Court treated a conditional order under section 133, made before the objections were decided, as "purely interlocutory", so the bar in section…
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In T.T. Varkey v. Nandilathuparambil Govindan (Kerala High Court, 29 June 1983), how was the preliminary conditional order to remove dangerous trees or show cause under CrPC section 133 treated for revision purposes, before a decision on the objections?
Answer and explanation
Correct answer B
In T.T. Varkey the Kerala High Court treated a conditional order under section 133, made before the objections were decided, as "purely interlocutory", so the bar in section 397(2) applied and the Sessions Court should not have entertained a revision against it. The court distinguished a later order deciding an objection to jurisdiction, which may be of a different character.
Current law: CrPC sections 133 and 397(2) correspond to sections 152 and 438(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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