Constitution of India, 1950, Article 14, 16, 142 -- Service - Payment of gratuity - Fixation of cut-off date - Challenge - Fixation of cut-off date for extending benefit of gratuity from a different date as compared to revision of pay-scale can neither be said arbitrary nor violative of Arts.14, 16 of Constitution - However, considering that very few retired bank employees..........
Criminal Procedure Code, 1973, Section 397, 401, 319 -- Revision - Dismissal of application u/s 319 Cr.P.C.- Revisional Court while remanding the matter back to trial Court exceeded its jurisdiction by issuing directions to trial Court to take cognizance against petitioners - As a matter of fact, if revisional Court found the order of trial Court laconic, it ought to have..........
Civil Procedure Code, 1908, Section 99, 141 -- Law applicable to appeals applies to revision as well in view of S.141 CPC - No decree can be reversed or substantially varied in appeal on account of mis-joinder or no, joinder of parties...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar to subsequent suit - High Court in revision holding that suit is barred by O.2.R.2 CPC - But in the judgment there is no mention that plaint in the earlier suit is proved - Matter remitted back - In case plaint in the earliest suit is not brought on record and proved, prayer for amendment shall not be entertained to bring..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Dismissal of complaint in default - Acquittal of accused - Revision against order of acquittal is not maintainable, as only remedy available to complainant is to prefer an appeal u/s 378(4) Cr.P.C...........
Civil Procedure Code, 1908, Section 115, Order 39, Rule 1, 2 -- Ex parte injunction order - Order is appealable U.O.41.R.1(r) CPC - Revision against same is not maintainable, as remedy of revision u/s 115 CPC is available against orders against which statutory appeal is not provided...........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Insufficiency of stamp duty on document tendered in evidence - Objection has to be raised before it is marked as an exhibit and if same has been admitted in evidence because of no, taking of any objection, it is not open either to trial court or court of appeal or revision to go behind..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Where document has been objected to being abinition and/or inadmissible in evidence - Even if it is not objected to prior to its admission an objection can be raised at any stage of hearing, including in appeal or revision as well - An inadmissible document cannot be read into evidence..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Object of provision is to set right a patent defect or an error of jurisdiction or law or perversity which has crept in the proceeding...........
Criminal Procedure Code, 1973, Section 401 -- Revision - When findings of facts recorded by Courts below are not supportable on evidence on record, revisional Court would be justified for conducting an independent reassessment of evidence and to supplant conclusion of his own - If there is any manifest illegality, perversity and miscarriage of justicy, High Court in..........
