Himachal Pradesh Urban Rent Control Act, 1987, Section 24 -- Revision - High Court has limited power to interfere, especially when findings are concurrent - However, in case Court comes to conclusion that findings of Court are absurd, unreasonable and contrary to the evidence available on record and same are not based upon proper appreciation of evidence, Court has..........
Civil Procedure Code, 1908, Section 115 -- Revision - Finding of fact on a particular issue recorded by first appellate Court is usually binding on High Court while hearing revision against such order - Interference permissible only when any finding of fact is found to be wholly perverse or de hors to any provision of law or is recorded contrary to pleadings and evidence..........
Civil Procedure Code, 1908, Section 2(2), 96, 115, Order 7, Rule 11 -- Rejection of plaint - Order amounts to a decree - It is appeal and not revision which lies thereagainst...........
Criminal Procedure Code, 1973, Section 397(3), 401 -- Revisional jurisdiction - High Court is not sitting as a Court of appeal to scrutinize the evidence and material on facts brought before trial Court and appellate Court - Revision jurisdiction of High Court is very limited to the extent as to whether there is correctness, legality or proprietary in the findings..........
Criminal Procedure Code, 1973, Section 239, 227 -- Discharge - Revision by third party - Maintainability - Revision preferred by third parties cannot be entertained in view of pendency of revision filed by investigating agency and prosecution agency...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence on charge sheet - Application of mind by Magistrate - No set pattern for taking cognizance - Magistrate while taking cognizance is to apply his mind regarding prima facie case being made out unlike the clear cut observation that is to be taken in the proceedings u/s 111 Cr.P.C. - Impugned order typed order..........
Civil Procedure Code, 1908, Order 22 -- Provisions of O.22 CPC are applicable to a civil revision...........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 10A -- Abatement of revision - Death of respondent no.4 - Substitution of Legal heirs - Death of respondent no.4 was not disclosed by her counsel in discharge of his liability U.O.22.R.10-A CPC - Such an information is recently furnished and only thereafter application for setting aside abatement and substitution..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 25(2) -- Interim maintenance - During pendency of revision petition parties compromised - Both the parties will live together peacefully and in case both the parties fail to live together then husband shall provide to wife a room having space of minimum 15 x 10 ft. and also one kitchen and..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Compromise decree - Suit for permanent and mandatory injunction - JD contended that DH refused to co-operate in the sale of land as agreed in compromise deed that formed part of decree - However, DH specifically stated that he had not refused to sign the sale deed, as full amount was never paid to him, as..........
