Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 18, 20, 22, Family Courts Act, 1984, Section 19(4) -- Dismissal of petition filed u/s 125 Cr.P.C. and Ss.18, 20, 22 of PWDV Act in Family Court - Appeal - Relief sought under PWDV Act is adjunct to relief sought u/s 125 Cr.P.C - Since an appeal against an order passed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 397, 401 -- Dishonour of cheque - Conviction - Dismissal of application for additional evidence at appellate stage - Revision thereagainst also dismissed - Appellate Court was required to dispose of appeal on merits and could not have remanded the case to the trial Court - Impugned..........
Wakf Act, 1995, Section 83(9) -- Any order passed by Tribunal on any application filed under Waqf Act by one party and objected by other party can be challenged in revision before High Court...........
Wakf Act, 1995, Section 83(9) -- Order passed on application U.O.6.R.17 CPC filed in waqf suit - When specific alternative mode of redressal is provided to challenge order passed on application U.O.6.R.17 CPC, Court is not inclined to exercise supervisory jurisdiction under Art.227 of Constitution to examine legality or correctness of that order under law - Therefore,..........
Criminal Procedure Code, 1973, Section 397(3) -- Successive revision petition - Maintainability - Where revision petition was dismissed as withdrawn on account of dismissal of main complaint, order passed wherein was basis of filing first revision petition cannot be treated as a bar to prefer successive revision petition after revival of original complaint...........
Civil Procedure Code, 1908, Section 115 -- Revision - Order finally deciding temporary injunction application - Not an interlocutory order - Appeal/Revision against such an order is maintainable...........
Criminal Procedure Code, 1973, Section 397, 401, 227 -- Revision - Charges framed u/ss 354, 354-A, 354-B, 341, 342, 376(2)(f), 376(2)(k) IPC - As per statement of victim u/ss 161, 164 Cr.P.C. she has interacted with her peers and friends disclosing her anguish at the conduct of applicant/accused both in respect of incident and apology tendered by accused - Therefore,..........
Criminal Procedure Code, 1973, Section 256(1), 401, 378 -- Non-appearance of complainant - Order of acquittal - Revision - Maintainability - If a complaint is dismissed prior to summoning of an accused, order may be challenged by way of filing a revision - But once S.256 Cr.P.C. comes into play dismissal of complaint has effect of acquittal of an accused and only an appeal..........
Criminal Procedure Code, 1973, Section 401, 378 -- Order of acquittal - Revision - Maintainability - S.401(4) Cr.P.C. prohibits maintainability of any revision in case of acquittal recorded in a case instituted upon a complaint as complainant has got a right to file special leave to appeal before High Court u/s 378(4) Cr.P.C...........
Criminal Procedure Code, 1973, Section 397(2), 482 -- Second revision petition - Barred u/s 397(2) Cr.P.C. - Petition u/s 482 Cr.P.C can be entertained only in exceptional and rare cases only if High Court is satisfied that continuation of trial would result in gross abuse of process of law thereby resulting in miscarriage of justice...........
