Civil Procedure Code, 1908, Order 7, Rule 11(2) -- Revision petition - Rejection of plaint - Non-payment of sufficient court fee - Trial Court failed to advert to nature of the land being agricultural land and at the same time, Court has also not adverted to fact that by way of filing second application by the plaintiff himself whether he has acquainted factum of order..........
Indian Penal Code, 1860, Section 328, 427, 506 -- Offence u/ss 328, 427, 506 IPC - Revision against acquittal - Accused acquitted after oral and documentary scanning of evidence - Delay in lodging FIR is not the sole basis for acquittal - Trial Court analyzed the evidence and law in proper perspective and judgment does not suffer from any infirmity - Moreover, incident..........
Criminal Procedure Code, 1973, Section 397 -- Revision - High Court dismissed revision petition on the ground that there are concurrent powers of revision vested with both High Court and Sessions Court, thus petitioner has to approach Sessions Court first - However, keeping in view the fact that matter is pending for the last 16 years, it is not appropriate to decide..........
Civil Procedure Code, 1908, Section 115, Order 18, Rule 17A -- Revision petition - Dismissal of application for leading secondary evidence by Trial Court and Appellate Court - Upon perusal of Will it is found that second page was missing but Will was almost complete as the first page does bear thumb impressions of testator as well as attesting witnesses - Therefore, matter..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - Application for DNA test of child filed by father was allowed - Thereafter present revision petition by mother - Husband did not plead no, access - He admitted that he had physical contact with his wife - Wife agreed to undergo DNA test as it would establish her chastity as a true wife - Wife did not file..........
Criminal Procedure Code, 1973, Section 397, 451 -- Revision - Maintainability - Order passed u/s 451 Cr.P.C is not interlocutory in nature, as it determines constitutional rights of party for return or disposing of properties - Revision against such order is maintainable...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Order allowing revision petition and remanded matter for Executing Court for fresh consideration, cannot be considered as adverse order - No error apparent on the face of record - Review petition not maintainable and remedy is by way of appeal only...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of revision - Application for suspension of sentence filed as an afterthought to blame earlier counsel against whom no complaint is lodged - Accused was neither taken into custody after passing of judgment..........
Civil Procedure Code, 1908, Section 115, Order 37, Rule 4 -- Revision - Maintainability - Order passed U.O.37.R.4 CPC is not appealable - Revision against such an order is maintainable...........
Criminal Procedure Code, 1973, Section 125, 397, 482 -- Revision - Order rejecting or allowing an application for maintenance u/s 125 Cr.P.C is not an interlocutory order which adjudicates rights of parties to some extent - Revision against said order is maintainable u/s 397 Cr.P.C - Application u/s 482 Cr.P.C against such order thus, not maintainable, as powers of High..........
