Criminal Procedure Code, 1973, Section 227 -- Discharge - Revision - Accused discharged on the basis of evidence of witnesses in earlier trial relating to same case, where they all turned hostile - Evidence of witnesses adduced before competent Court has more value than evidence given before I.O, which is not even on oath - Moreover, where trial Court found that earlier..........
Criminal Procedure Code, 1973, Section 203 -- Complaint - Dismissal by holding that dispute revolves round sale deed of alleged land of complainant for which complainant may initiate civil proceedings - As alleged sale deed has not been cancelled by any Court of competent jurisdiction, thus, no occasion arises to summon accused on any of offences - Complaint case rightly..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 468 -- Order taking cognizance - Bar of limitation - Order specifically mentioned that delay in lodging FIR has been explained - Moreover, offence u/s 3(1)(x) of SC/ST Act, punishable with..........
Haryana Urban Development Authority Act, 1977, Section 17(8) -- Revision - Whether HUDA can charge interest @ 18% - None of provisions of 1977 Act or Regulsation framed therein has been pointed out enabling HUDA to charge interest rate @ 18% - Revision of HUDA dismissed with costs of Rs.10,000/-.`..........
Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Revision against - Dismissal - Second judicial review by High Court in exercise of inherent powers - Revisional Court did not commit any illegally or irregularity in exercise of its jurisdiction - Impugned order is just order which has not resulted in miscarriage of justice - Petition dismissed...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence on charge sheet - Application of mind by Magistrate - No set pattern for taking cognizance - Magistrate while taking cognizance is to apply his mind regarding prima facie case being made out unlike the clear cut observation that is to be taken in the proceedings u/s 111 Cr.P.C. - Impugned order typed order..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Compromise decree - Suit for permanent and mandatory injunction - JD contended that DH refused to co-operate in the sale of land as agreed in compromise deed that formed part of decree - However, DH specifically stated that he had not refused to sign the sale deed, as full amount was never paid to him, as..........
Criminal Procedure Code, 1973, Section 227, 228, 397, 401, Indian Penal Code, 1860, Section 406, 34, 36, 376(2)(g), 366 -- Framing of charge - Revision against - Allegations against revisionists that victim was raped by co-accused in furtherance of common intention of co-accused - Held, there is no illegality or impropriety in impugned order framing charges against..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - In revision petition, order of status quo was passed whereby decree holder was debarred from filing execution petition - Period from the date status quo order was passed and when revision petition was dismissed in to be excluded - Held, execution petition is filed within time...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Objections U.O.21.Rr.97, 99 CPC by Judgment Debtor - Dismissal - Appeal thereagainst is not maintainable as J.D. is not a third party whereas said provisions apply to third person - Remedy if any was to file revision against the same - Appeal dismissed...........
