Criminal Procedure Code, 1973, Section 482, 437(2) -- Petition u/s 482 Cr.P.C - Maintainability - Order of re-arrest of accused u/s 437(2) Cr.P.C - Order passed is a final order and revision can be filed u/s 397 Cr.P.C against such order - Since decision arrived by Magistrate qua said order is purely question of law, petition filed u/s 482 Cr.P.C is maintainable...........
Criminal Procedure Code, 1973, Section 397, 311 -- Revision - Maintainability - Order rejecting application u/s 311 Cr.P.C is an interlocutory order and no revision against said order is maintainable - Revision rightly dismissed...........
Civil Procedure Code, 1908, Section 115 -- Revision - Decree of specific performance modified to a decree of refund of sale consideration by High Court in a revision filed against execution proceedings - Such a course is not open in law...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(3), 482 -- Dishonour of cheque - Second revision - By the same party is expressly barred - Petition u/s 482 Cr.P.C. is nothing but a second revision - A person cannot be permitted to do indirectly what he cannot do directly...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Amicable settlement during pendency of revision filed against order of conviction - Court may proceed to compound the offence while exercising power u/s 147 of the Act...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against acquittal - Court has to keep in mind presumption of innocence in favour of accused and same being fortified by an order of acquittal in a revision against acquittal...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 24(5) -- Revision - Preliminary issue decided against tenant - Maintainability of revision petition - Admittedly, tenant and his wife purchased 1/3rd share in demised premises - However, despite that status of tenant as a lessee does not get merged into status of a co-sharer - Said adjudication decided fate of parties..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 207 days in filing revision - Court should take liberal view in matter of condonation of delay - Keeping in view the averments and grounds alleged in application for condonation of delay, it constitutes a sufficient cause within the meaning of S.5 of the Act - Delay condoned...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment - In revision filed u/art.227 of Constitution, High Court would not interfere with order passed by trial Court either appointing or refusing to appoint a local commissioner - However, if there is no option left but to appoint a local commissioner to determine correctness or otherwise of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Second complaint on same subject matter - Complaint u/ss 420, 406, 506, 120-B IPC - Two complaints filed on the same subject matter - In the second complaint pendency of first complaint not disclosed - Prima facie it amounts to abuse of process of Court - However, CJM sent..........
