Civil Procedure Code, 1908, Order 15, Rule 5 -- Delay in depositing rent U.O.15.R.5 CPC - Adjustment of amount deposited u/s 30(2) of U.P Act - Deposit made u/s 30(2) of U.P Act by tenant had not been held to be validly made in Misc. case - Finding now operates as res judicata - Part of prayer in application now made which asks for adjustment of amount deposited u/s 30(2)..........
Civil Procedure Code, 1908, Section 115, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application by holding that matter has to be decided by formulation of an issue and appreciation of evidence - - Order does not fall within ambit of a `case decided' or an `issue decided' - No interference warranted in revision against such an order...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Refusal to appoint Local Commissioner - Revision u/art 227 of Constitution not maintainable against order refusing to appoint Local Commissioner...........
National Investigation Agency Act, 2008, Section 21(1)(2), Unlawful Activities (Prevention) Act, 1967, Section 20, 38, Indian Penal Code, 1860, Section 124A -- Offence u/s 20 & 38 of 1967 Act and S.124-A of IPC - Order of Special Court refusing to discharge accused - In revision Single Judge of High Court discharged the accused - - Held, revision against order passed by..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 482 -- Dishonour of cheque - Compounding of offence - Parties are at liberty to compound the offence at any stage even after dismissal of revision application...........
Criminal Procedure Code, 1973, Section 401(2) -- Revision - Complainant cannot be a party to revision petition, but can be a witness to proceedings and can at best assist prosecution and participate through learned APP for State, as expression `other person' u/s 401(2) of the Act does not include a complainant in revision, as other person is either accused or a person..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Condition of pre-deposit of fine amount - Cannot be imposed by High Court for purpose of hearing revision petition filed by accused...........
Mutation -- Dismissal of revision filed against order of mutation - Writ petition thereagainst - Not maintainable - Mutation proceedings are summary in nature and no right or title is created - Revenue entries is only for collection of revenue from person whose name is entered in the records - Title can only be seen in a regular suit filed for declaration...........
Civil Procedure Code, 1908, Section 115 -- Revision - High Court has power to call for original records and examine the same in a revision u/s 115(1) CPC even in absence of a specific contention being raised by petitioners...........
Civil Procedure Code, 1908, Section 115 -- Revision - Dismissal of application for condonation of delay in seeking setting aside ex parte decree - High Court cannot set aside ex parte decree itself by invoking power u/art 227 of Constitution, as powers of High Court u/art 227 of Constitution are in addition to and wider than powers u/s 115 CPC...........
