Criminal Procedure Code, 1973, Section 401 -- Revision - Dismissal on the ground of delay - Revision against order taking cognizance in Corruption case was dismissed on the ground of delay of 5 years in challenging said order - Though there was delay of 5 years in challenging order, however, High Court could have examined revision on merits rather than dismissing same on..........
Criminal Procedure Code, 1973, Section 401(2) -- Revision - Right of hearing provided to accused or other person in terms of S.401(2) Cr.P.C if order is passed to their prejudice - This would also therefore mean that where a culpability if shifted from one accused to another, on a revision filed by former, later will also have a right of hearing...........
Criminal Procedure Code, 1973, Section 401 -- Revision - Revisional jurisdiction of High Court u/s 401 Cr.P.C operates within narrow limits and can be exercised only in exceptional cases where interests of public justice require interference for correction of gross miscarriage of justice - It cannot be exercised because lower Court has taken a wrong view of law or..........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Not maintainable against interlocutory order...........
Criminal Procedure Code, 1973, Section 397(2), Evidence Act, 1872, Section 45 -- Revision - Maintainability - Order u/s 45 of Evidence Act is an interlocutory order against which revision is not maintainable, as such an order does not decide anything finally resulting into culminating main proceeding of case...........
Orissa Survey and Settlement Act, 1959, Section 15(c) -- Revision - Cancellation of lease deed on ground of suit land recorded as Government Anabadi Khata - Nothing on record to establish semblance of valid lease in favour of lessee/petitioner - There is also no material forthcoming to prima facie even establish change of use of land making available for lease - Matter is..........
Maharashtra Rent Control Act, 2000, Section 34(4), Civil Procedure Code, 1908, Order 7, Rule 11 -- Rent and eviction - Application for rejection of plaint was dismissed - Revision petition - Maintainability - Application U.O.7.R.11 CPC even if dismissed, is a mere procedural step - Application either way, it substantially affects the parties right one way or other - So it..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at revisional stage - Application for additional evidence has to be decided at the time of final hearing of revision i.e at the stage when it is possible for Court concerned to consider the fact as to whether additional evidence is required to be taken on record to decide the case or for substantial..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13, Punjab Rent Act, 1995, Section 75 -- Amendment of grounds of revision - Eviction petition - Application cannot be allowed at this stage and nor he can be allowed to raise said objection at this stage after he has lost from two Courts - Moreover, it is not the case of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ex parte order against husband - Personal service not affected upon husband - It is not the case of wife that husband deliberately tried to avoid service of summons - Although husband not filed application u/s 126(2) Cr.P.C, but went in revision assailing ex parte order - Opportunity of hearing in the..........
