Criminal Procedure Code, 1973, Section 401 -- Revision against conviction - High Court dismissed revision without assigning any reason - High Court failed to apply its judicial mind to factual and legal aspects arising in case - Order of High Court set aside - Matter remitted back to High Court...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(b), Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil suit for declaration challenging legality of order passed by Prescribed Authority under 1972 Act is clearly barred by S.26(b) of 1972 Act - Remedy of plaintiffs in such case lies in filing appeal/revision u/s 18 of the Act...........
Central Civil Service (CCA) Rules, 1965, Rule 11, 7 - - Revised pay scale - Fixation of pay - Promotion to post of Trained Graduate Teacher - Respondent was granted upgraded pay scale of ACP under Assured Career Progression Scheme w.e.f 10.8.2006 - He opted for revision of pay from that date - Pay of respondent thus, has to be fixed u/r 11 of Rules 2008, which deals with..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Against order of Magistrate u/s 156(3) Cr.P.C. - Not maintainable...........
Criminal Procedure Code, 1973, Section 482, 397(3) -- Quashing of order - Order taking cognizance of offences and starting evidence of petitioner passed by Magistrate - Petitioner challenged the order by way of revision petition before Court of Session - After dismissal of the same, petitioner challenged the correctness, legality and propriety of said u/s 482 Cr.P.C. -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and minor daughter - Remand of case to SDJM by High Court - Validity - Respondent is legally wedded wife of appellant, as per finding recorded by High Court - It is thus, not proper to remand the matter to SDJM for further inquiry and instead should have fixed maintenance payable by husband to wife in..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(a)(iii), 10(2)(ii)(a) -- Rent and eviction - Bonafide requirement - Bonafide requirement has to be decided on date of petition - Any subsequent event intervening due to many years of litigation, same cannot have bearing since the crucial date is date of petition to decide bonafide of landlord -..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(3)(a)(iii), 10(2)(ii)(a) -- Rent and eviction - Bonafide requirement - Merely because, now landlord has changed business after a gap of 19 years during pendency of this revision, it cannot be stated that there was no bonafide at all - Need held, bonafide...........
Civil Procedure Code, 1908, Section 115 -- Revision - Order of appointment of arbitrator - Reversed in appeal - Revisional thereagainst - Revision thereagainst not maintainable...........
Rent and Eviction -- Eviction petition - Maintainability of petition - In case a plea is not raised and no issue is framed and no finding was recoded either way by Trial Court or First Appellate Court, such plea cannot be allowed to be raised for the first time in third Court whether in appeal, revision or writ, as the case may be, for want of any factual foundation and..........
