Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Where revisional Court only remanded the matter to trial Court for fresh consideration, there is no need to interfere in the impugned order to the extent of directing the Court that inquiry is to be first conducted u/s 202 Cr.P.C. by SHO and look into the points mentioned in revisional order, as the same is bad..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Eviction petition - Omission on the part of tenant or his counsel to know next date fixed in the case clearly appears to willful in nature - Record reveals that counsel of tenant present on the date fixed for hearing - But no such challenge regarding presence of Counsel given in application..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Payment of user charges from date of eviction order during pendency of revision petition - As per evidence on record, there is no other comparative lease shown by tenant - Direction for payment of user charges @ Rs.80,000/-p.m. alongwith arrears held, just and proper...........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings under Act of 2005 - Suppression of previous litigations in quashing petition - Plea that relief claimed in quashing proceedings is different from the relief that has been claimed in the revision proceedings - Contention rejected, as..........
Indian Penal Code, 1860, Section 332, 147, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 332, 147 IPC - Probation on good conduct - Accused a rustic living in his native village located on fringes of a forest - He has no criminal history and thus, he is a person who can be reformed and would cease to be nuisance to society - Even otherwise, accused already..........
Consumer Protection Act, 1986, Section 12 -- Consumer - Revision filed by complainant for increase of compensation and payment of interest - National Commission could not have dismissed the petition itself...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Wrong statement made by accused in revision petition filed against order of summoning them - Application u/s 340 Cr.P.C. not filed during pendency of revision petition - It was only when revision was dismissed that application u/s 340 Cr.P.C. was filed alleging that a wrong statement was made by accused regarding..........
Prevention of Corruption Act, 1988, Section 13, Indian Penal Code, 1860, Section 109 -- Offence u/s 13 of P.C. Act against public servant and u/s 109 IPC against non public servant - All accused discharged - During pendency of revision, main accused died - Revision dismissed by holding that death of main accused has resulted in abatement of trial - Held, death of main..........
Protection of Women From Domestic Violence Act, 2005, Section 4(1) -- Application u/s 4(1) of the Act - Order directing revisionist to provide residential accommodation to opposite party No.2 and her son in the house or provide residence to them elsewhere as well as for making payment of Rs.1500/- per month to the opposite party No.2 for meeting the educational expenses of..........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C. - Petitioner cannot invoke jurisdiction u/s 482 Cr.P.C. after dismissal of his revision by Sessions Court, as it amounts to second revision - However, in case of grave injustice, High court can interfere u/s 482 Cr.P.C...........
