Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401, 397 -- Dishonour of cheque - Revision - Power of revision available to High Court u/s 401 Cr.P.C r/w 397 Cr.P.C, is not wide and exhaustive to re-appreciate evidence to have contra finding...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Refusal to appoint local commissioner - Revision - Maintainability - Revision against an order refusing to appoint a local commissioner would not be maintainable, as discretion to appoint a local commission solely rests with Court...........
Civil Procedure Code, 1908, Section 115, 115, Order 26, Rule 9 -- Appointment of Local Commissioner - Dismissal of application - Revision thereagainst is not maintainable...........
Criminal Procedure Code, 1973, Section 482, 397(3) -- Remedy of revision already availed - Petition u/s 482 Cr.P.C. thereafter amounts to second revision petition - No special circumstances exist to exercise inherent power u/s 482 Cr.P.C. - Petition dismissed...........
Criminal Procedure Code, 1973, Section 385 -- Appeal against conviction - Dismissed in default - Merely on account of non-appearance of counsel or accused before lower appellate Court/revisional Court, appeal/revision cannot be dismissed as it requires adjudication on merits...........
Civil Procedure Code, 1908, Section 2(2), 96, Order 7, Rule 11 -- Order of rejection of plaint even before numbering of same - Amounts to decree - Revision is not maintainable against the same in view of availability of remedy of appeal u/s 96 CPC...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of second complaint - Offence u/ss 499, 500 IPC - First complaint dismissed being barred by S.499 Fourth exception IPC - Revision filed thereagainst was withdrawn - This order cannot be construed to have permitted appellant to file a second complaint on identical set of facts - Second complaint rightly quashed...........
Civil Procedure Code, 1908, Order 26, Rule 9, Constitution of India, 1950, Article 227 -- Refusing to appoint local commissioner - Revision - Maintainability - Neither any issue has been decided nor rights of parties adjudicated in refusing to appoint local commissioner - Revision against such an order is not maintainable...........
Medical education -- Private medical colleges - Fixation of fee - State unilaterally enhanced the tuition fee exorbitantly to Rs.24 lakhs p.a which was seven times fee fixed earlier that too when revision of fees was pending consideration with Admission and Fee Regulatory Committee - Enhancing of tuition fee on the representations made by private medical colleges was..........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - S.372 Cr.P.C provides a victim right of preferring an appeal only in cases arising out of a Police report, limited remedy available to such a victim when trial Court acquitted accused, was to prefer a revision u/s 397 Cr.P.C which at best would only result in setting aside acquittal a consequential..........
