Haryana Urban Development Authority Act, 1977, Section 17(8) -- Revision - Whether HUDA can charge interest @ 18% - None of provisions of 1977 Act or Regulsation framed therein has been pointed out enabling HUDA to charge interest rate @ 18% - Revision of HUDA dismissed with costs of Rs.10,000/-.`..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 10 -- Local commissioner - Order declining to appoint - Revision thereagainst, held, not maintainable...........
Specific Relief Act, 1963, Section 6(3), Civil Procedure Code, 1908, Section 96, 100, 106 -- Restoration of possession - Suit decreed - Appeal and review there against is not maintainable - It is revision which is maintainable in an appropriate case...........
Punjab Entertainment Duty, 1955, Section 12 -- Revision - Power of revision can be invoked by Excise & Taxation commissioner suomotu or on application made with period of 60 days from date of order passed by authority subordinate to him - Does not debar revision filed by department being party to litigation - Commissioner can revise order passed by any authority..........
Doctrine of merger -- Applicability - Merger not only applies to appeal, but also to revision filed either u/s 115 CPC or Art.227 of Constitution...........
Civil Procedure Code, 1908, Order 21, Rule 89, 92 -- Sale not become absolute or irrevocable - Pendency of application to set aside sale or appeal or revision against trial Court's decree till attained finality, right to liquidate mortgage debt by judgment debtor is available, as long as sale is not confirmed - Thus, right can be exercised even after dismissal of that..........
Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Revision against - Dismissal - Second judicial review by High Court in exercise of inherent powers - Revisional Court did not commit any illegally or irregularity in exercise of its jurisdiction - Impugned order is just order which has not resulted in miscarriage of justice - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 378(4) -- Dishonour of cheque - Dismissal of complaint in default - Said dismissal amount to acquittal of accused, and therefore, appeal and not revision lies u/s 378(4) Cr.P.C...........
Specific Relief Act, 1963, Section 6 -- Summary suit u/s 6 of the Act - Decision u/s 6 of the Act is not open to appeal or review - Remedy of filing revision is available but that is only by way of exception...........
Criminal Procedure Code, 1973, Section 399, 401 -- Revision - Even if revisional order is found to be laconic, it is not desirable to upset the same by remanding the matter back to revisional Court particularly when remand order would not serve any fruitful purpose for securing ends of justice...........
