Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Maintainability - Only remedy available against order of acquittal is to obtain leave to appeal from High Court u/s 378(3) Cr.P.C. - Revision against the same not maintainable...........
Criminal Procedure Code, 1973, Section 190 -- Order of Magistrate refusing to take cognizance - Order is revisable - Power of revision can be exercised by Superior Court, which can be Session Court itself, either on revision petition that can be filed by aggrieved party or even suo moto by revisional Court itself - Court of Session was thus not powerless to pass an order..........
Evidence Act, 1872, Section 3, 61 -- Document - Admissibility and mode of proof - Objection as to - Objection to mode of proof of document has to be raised at the first opportunity - However, objection with regard to admissibility of document in evidence can be raised at any stage of trial, appeal or revision - But before any such objection is raised it is necessary that..........
Criminal Procedure Code, 1973, Section 227, 228, 397, 401, Indian Penal Code, 1860, Section 406, 34, 36, 376(2)(g), 366 -- Framing of charge - Revision against - Allegations against revisionists that victim was raped by co-accused in furtherance of common intention of co-accused - Held, there is no illegality or impropriety in impugned order framing charges against..........
Limitation Act, 1963, Article 136 -- Execution - Limitation - In revision petition, order of status quo was passed whereby decree holder was debarred from filing execution petition - Period from the date status quo order was passed and when revision petition was dismissed in to be excluded - Held, execution petition is filed within time...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Objections U.O.21.Rr.97, 99 CPC by Judgment Debtor - Dismissal - Appeal thereagainst is not maintainable as J.D. is not a third party whereas said provisions apply to third person - Remedy if any was to file revision against the same - Appeal dismissed...........
Civil Procedure Code, 1908, Section 115 -- Revision - Suit for permanent injunction - Court fee - Payment of Court fee is always a matter between Court and plaintiff and defendants have no legal right to challenge the insufficiency of Court fee by revision or by any way - Moreover, maximum payable Court fee for relief of permanent injunction is Rs.500 which is already paid..........
Civil Procedure Code, 1908, Section 115 -- Revision - Plea of defendant of insufficient court fee - Decided against defendant - Revision against - Revision is maintainable only when impugned order gives finality to the suit or other proceedings - Since impugned order does not give finality to the suit as such revision is not maintainable - Petition dismissed...........
Civil Procedure Code, 1908, Section 2(2), 11 -- Composite order on rejection of plaint that there is no cause of action and dismissal of suit as not maintainable on the ground of res judicata - Both aspects are covered u/s 2(2) CPC - Remedy is only appeal and not revision even if there is any irregularity in passing the order...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), Transfer of Property Act, 1882, Section 106, 125 -- Eviction - Mesne profit - Interest - After rate of contractual rent comes to an end on eviction order being passed, tenant is liable to pay mesne profits - However, it is for Courts to make balance between mesne profits at market rates and reasonable..........
