Criminal Procedure Code, 1973, Section 397(2), 311 -- Revision - Order allowing application u/s 311 Cr.P.C. - It is an interlocutory order - Revision against same is not maintainable - Petition challenging the validity of interlocutory order lies before Court u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 397(1), 401 -- Revision - Proceedings under Protection of Women from Domestic Violence Act, 2005 - There is no specific provision relating to preferring a revision petition in High Court against order of Appellate Court in proceedings under 2005 Act - But where there is grave miscarriage of justice or abuse of process of Court or..........
Criminal Procedure Code, 1973, Section 427 -- Scope - Appellate Court and Revisional Court are empowered to pass order u/s 427 Cr.P.C., as appeal and revision are extension of trial...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Revision - Accused discharged on the basis of evidence of witnesses in earlier trial relating to same case, where they all turned hostile - Evidence of witnesses adduced before competent Court has more value than evidence given before I.O, which is not even on oath - Moreover, where trial Court found that earlier..........
Criminal Procedure Code, 1973, Section 211, 397, 401 -- Charge - Points raised in revision not raised in trial Court - Plea regarding illegality in taking cognizance on the basis of charge sheet filed by police taken for the first time in revision - Petitioner to raise the issue before trial Court and trial Court to pass an appropriate order thereupon...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Dismissal of application - Revision thereagainst - Not maintainable as order does not decide any substantial right between parties...........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Where offences are compoundable and case is committed for trial or accused is convicted and appeal against conviction is pending, compounding can be allowed with leave of Court - According to S.320(6) Cr.P.C, High Court or Court of Session in exercise of its power of revision u/s 401 may allow any..........
Civil Procedure Code, 1908, Section 115, Order 16, Rule 1 -- Dismissal of application U.O.16.R.1 CPC - Revision thereagainst does not lie as such order does not qualify to be order which finally decides lis between parties...........
Civil Procedure Code, 1908, Section 141 -- Applicability - Right of appeal, revision or review are substantive rights and not matter of procedure and hence, cannot be claimed u/s 141 of the Code...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 1 -- Appeal - Order dismissing application U.O.20.R.18 R/W O.15.Rr.1, 2 and S.151 CPC - Appeal against such order is not maintainable, as order under appeal was passed on an interlocutory application for passing a preliminary decree and Court did not conclusively determined the rights of parties - Proper remedy is to..........
