Specific Relief Act, 1963, Section 6 -- Dispossession - Proceedings u/s 6 of the Act are summary in nature and thus, no appeal is provided against decree u/s 6 of the Act - However, limited remedy of revision u/s 115 CPC is provided to unsuccessful party but only by way of exception - Owner or person entitled for recovery of possession on the other hand, has an independent..........
Criminal Procedure Code, 1973, Section 401, 378, Indian Penal Code, 1860, Section 323, 447, 147 -- Conversion of revision petition into appeal - Leave to appeal - Offence u/ss 323, 447, 147 IPC - Conversion of revision petition into appeal is legally permissible - However, in appropriate cases, that too at very threshold and not at a belated stage - Application to convert..........
Criminal Procedure Code, 1973, Section 397(3), 482 -- Dismissal of revision - There is no bar u/s 397(3) Cr.P.C. to exercise inherent jurisdiction u/s 482 Cr.P.C even if criminal revision is dismissed...........
Kerala Value Added Tax Act, 2003, Section 56, 8 -- Value-added tax - Application for compounding - When there is deemed to be an order and application for compounding is not responded, assessee is permitted to make remittances under the scheme and it cannot be found no-existent for the purpose of suo-motu revision...........
Criminal Procedure Code, 1973, Section 398 -- Revision - Further inquiry - Sessions Court remanded the matter back to Magistrate with direction for further inquiry - Observation made by Sessions Court were only justification for a remand and same did not amount to taking cognizance...........
Criminal Procedure Code, 1973, Section 397, 398 -- Revision - Revisionary power is exercised either by Sessions Court or by High Court - Dismissal of complaint by Magistrate u/s 203 Cr.P.C. may be assailed in a criminal revision u/s 397 Cr.P.C...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for declaration and cancellation of adoption deed decreed ex parte - Proceedings U.O.9.R.13 CPC which are under revision cannot be said to be continuation of suit proceedings - Application moved for staying subsequent suit of cancellation of Will with regard to same facts or issues due to..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Court while allowing revision petition neither issued notice to petitioners nor petitioners arrayed as respondents by complainant - Court of Revision required to afford an opportunity of hearing to concerned party at time of upsetting order passed in favour of said party by Magistrate - Impugned order set aside..........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Default in payment - Sentence of imprisonment - Magistrate cannot impose sentence of more than one month - Impugned orders of imposing sentence for more than one month in all revision petitions quashed and set aside - Sentence awarded in each revision petitions reduced to a period of one month...........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97 -- Order rejecting application U.O.21.R.97 CPC - Revision - Maintainability - Order passed without considering specific contention urged by petitioner - Said order is tainted by jurisdictional error etc., therefore, it is revisable u/s 115 CPC...........
