Evidence Act, 1872, Section 154 -- Hostile witness - Cross-examination of one's own witness - DW2 turned hostile and deposed against chief examination and colluded with plaintiff - Defendant filed application to declare him hostile after 2 adjournment and 20 days of closure of evidence of DW2 - More so, no details are furnished as to in what context and how DW2 resiled..........
Criminal Procedure Code, 1973, Section 397, Indian Penal Code, 1860, Section 451, 323, 325, 34 -- Revision against conviction - Offence u/ss 451, 323, 325, 34 IPC - No medical evidence on record to support injuries caused to PWs/injured in such incident - Even, PWs/injured witnesses were not medical examined - Story of giving beatings to PWs with stick by prosecution..........
Electricity Act, 2003, Section 61, 62 -- Determination of tariff - In instant case issue is whether tariff decided by Board under the Act is applicable on arc furnace industries established before year 1995 who were exempted of surcharge - Post Act of 2003 determination of surcharge levied on companies was based on voltage supply - Held, examination of fixation of tariff..........
Criminal Procedure Code, 1973, Section 397, 401, 239 -- Revision - Locus standi - Order of discharge - Ordinarily, private party has no locus-standi to file revision, when State has not come forward in revision against an order of discharge, but when such order results in miscarriage of justice, private party or complainant in a case instituted on police report has right..........
Criminal Procedure Code, 1973, Section 397, 401, 239, Indian Penal Code, 1860, Section 353, 354 -- Revision - Order of discharge - Offence u/ss 353, 354 IPC - Victim/informant is aggrieved by impugned order of discharge of accused - Justice must appear to have been done - Victim should not be deprived of due hearing or her say - Impugned order of discharge set aside with..........
Criminal Procedure Code, 1973, Section 482, 397(3) -- Application u/s 482 Cr.P.C. - Maintainable, even if criminal revision filed by applicant is dismissed...........
Eviction Order -- Pendency of stay application - Executing Court directed issuance of warrant of possession - Non grant of stay as such by Appellate Authority and granting adjournments and delaying stay proceedings was not justified thus, revision petition filed u/art.227 of Constitution is very much tenable and sustainable and irreparable loss would be caused if tenant..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - While exercising revisional jurisdiction, Court is only to see procedural error, irregularity and no, appreciating and non application of law - Re-appreciation of evidence is not desirable under revisional jurisdiction...........
Limitation Act, 1963, Section 5 -- Delay - Refusal to condone - Appeal and not revision lies thereagainst...........
Criminal Procedure Code, 1973, Section 397, 401, 228 -- Revision - Order framing charge - It is an interlocutory order - Revision against same is not maintainable...........
