Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Order rejecting commissioner's report - Order of acceptance and rejection of commissioner's report is an interlocutory order and revision against same is not maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397, 401 -- Order passed by Magistrate under Act of 2005 - Revision against - Not maintainable - Remedy against such an order is of appeal only u/s 29 of Act of 2005 - Revision cannot be filed against same as in case of any special enactment when in force, then..........
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397, 401 -- Order passed in appeal - Revision - Maintainability - If there is no specific forum mentioned in Act of 2005 against order passed in appeal, then, the normal procedure would be applicable and revision against same is maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 29 -- Revision instead of appeal - Court however, did not consider any matter beyond scope of determination of appeal - When substance of revisional application is entertainable in law and is considered judicially by Competent Court, defect in presentation of application does not vitiate entire proceeding...........
Criminal Procedure Code, 1973, Section 397 -- Revision - Revisional powers of High Court or Sessions Judge would be attracted if order was not purely interlocutory but intermediate or quasi final...........
Criminal Procedure Code, 1973, Section 311, 482 -- Order passed u/s 311 Cr.P.C. - Not an interlocutory order - Revision is maintainable against such order - Petition u/s 482 Cr.P.C. not maintainable as remedy u/s 482 Cr.P.C. would is available when there is no remedy under Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Second revision petition in the shape of petition u/s 482 Cr.P.C., except in exceptional circumstances, not maintainable in view of provisions of Cr.P.C...........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 498A, 406 -- Offence u/ss.498A, 406 I.P.C. - Trial Court convicted and sentenced the accused for 1 year imprisonment - Appellate Court took lenient view on the ground that accused would lose his Government job therefore, released him on probation subject to payment of Rs.2.50/- lakhs - Wife..........
Criminal Procedure Code, 1973, Section 216 -- Framing of additional charge u/s 406 IPC - Informant filed an application for addition of charge u/s 406 IPC, as there were allegations against husband about criminal breach of trust as far as stridhan is concerned - Magistrate allowed the application against husband and mother-i, law after considering the material and..........
Civil Procedure Code, 1908, Section 115(1) -- Revision - If subordinate Court has jurisdiction to adjudicate lis brought before it, it may decide it rightly or wrongly, whether it is a question of law or fact - This itself would not make such a case fall u/s 115 CPC...........
