Civil Procedure Code, 1908, Section 115 -- Revision - Order of dismissal of suit - Order passed has the status of a decree and challenge to the same has to be made by filing appeal - Revision not maintainable...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Revision petition is not maintainable without filing certificate u/r 311(3) of Rules of High Court of Judicature of Rajasthan...........
Criminal Procedure Code, 1973, Section 482, 397 -- Application u/s 482 Cr.P.C - Availability of alternative remedy of criminal revision by itself is not a good ground to dismiss an application u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, 397 -- Application filed u/s 482 Cr.P.C - Dismissal on the ground that alternative remedy of revision is available - Approach of High Court cannot be appreciated - High Court can always convert a petition u/s 482 Cr.P.C to a revision u/s 397 Cr.P.C and vice versa...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Revisional Court has no power to appreciate the evidence to substantiate its own view to differ from the finding of trial Court...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Dispute raised regarding promises and reciprocal promises arising out of agreement - Right of renewal and revision of storage charges as well as the legality and propriety of enhanced demand arose during the subsistence of agreement - Its legality and propriety will depend on the terms of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 402 -- Dishonour of cheque - Conviction - Appeal by accused in Court of Sessions - Complainant filed revision petition before High Court - Revision petition filed in High Court ordered to be transferred to Court of Sessions...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1686 days in filing revision petition - Petitioner has not availed of available appellate remedy but instead has sought to revive a matter, which has been beset with laches and lapses - Unexplained delay which has been caused being solely attributable to petitioner - Delay cannot be condoned...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection regarding impleadment of LR's of DH - Objection was dismissed vide detailed order - No challenge was made to said order - Thereafter first execution petition remained pending for more than 3 months before it was withdrawn - Petitioner having not laid any challenge to said orders cannot plea qua same that too..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction by trial Court - Accused acquitted in appeal - In Revision High Court convicted accused - High Court as per S.401(3) Cr.P.C does not have authority to convert a finding of acquittal into one of conviction while exercising its revisional power - If..........
