Criminal Procedure Code, 1973, Section 190(1)(b), 397(2) -- Order taking cognizance - Revision against - Maintainability - Order taking cognizance is an intermediary order and not an interlocutory order - Hence, revision petition is maintainable against such order of taking cognizance u/s 397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125, 397(2) -- Interim maintenance - Filling of revision petition - Maintainability - Since, interim maintenance order continues till final decision of an application u/s 125 Cr.P.C. and it does not decide the rights and liabilities of parties, thus Revision petition is not maintainable against interim maintenance...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint is a decree within meaning of S.2(2) CPC - Only an appeal u/s 96 CPC would lie against such an order - Revision against the same is not maintainable...........
Criminal Procedure Code, 1973, Section 398 -- Revision - Scope - S.398 Cr.P.C. provides that Court of Revision cannot pass any direction for inquiry into a case of any person, who has been discharged unless such person has opportunity of being heard - No order adversely affecting complainant or accused could be passed by trial Court in revision without hearing him...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Claim by wife and minor son - Grant of Rs.55,000/- per month to wife and Rs.25,000/- per month to minor son from the date of filing of petition - Husband having vast properties and has no liability towards his mother or children born out of first marriage - Fact that a person who visited abroad thrice, contested..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Declining to appoint - Revision - Order does not decide any rights of parties nor can a Local Commissioner be appointed for collecting evidence on behalf of either of parties, therefore said order is not revisable - Revision being bereft of merit dismissed in limine...........
Practice and procedure -- Interlocutory order - Challenge as to - An interlocutory order which is not challenged in appeal or revision or by way of other remedies, can be challenged in appeal filed against final judgment or order...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local investigation report - Challenge as to - Commissioner's report on ground that he did not superimpose case map and settlement map - Suit for declaration - Commissioner took paddy plot and private plots as fixed points with the help of both parties - Petitioner neither objected to mode of survey though..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, Criminal Procedure Code, 1973, Section 125, 399, 401 -- Order granting interim maintenance u/s 23 of PWDV Act and S.125 Cr.P.C. - Appeal u/s 29 of PWDV Act and revision u/ss 399, 401 Cr.P.C respectively is maintainable against said order and will be heard without any pre-condition of deposit of arrears..........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Recovery suit of Rs.25000 - Plaintiff invoking revision u/s 115 CPC in view of bar u/s 102 CPC to filing of second appeal against any decree, when subject matter of Original suit is for recovery of money not exceeding Rs.25,000 - However, remedy for aggrieved person in view of said bar is to file a..........
