Protection of Women From Domestic Violence Act, 2005, Section 29 -- Appeal - When there is express remedy of appeal available u/s 29 of Act before Court of Session or revision u/s 397 Cr.P.C.. Court may decline entertainment of petition u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Order of investigation u/s 156(3) Cr.P.C. - Order is a final order and not an interlocutory order - Revision lies against such an order...........
Karnataka Cooperative Societies Act, 1959, Section 108 -- Revision - Barred by limitation - Confirmation of auction sale despite repayment of loan amount by appellants rendered them landless for more than 2 decades - Gross miscarriage of justice caused to appellants by deprivation of right to livelihood guaranteed u/Art.21 of Constitution - Since constant litigation has..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 24(5) -- Revision jurisdiction - Power of revision exercised by High Court, cannot be equated with appellate jurisdiction, unless there is perversity in the matter of appreciation of evidence or authorities below have arrived at conclusion, which no reasonable person would arrive at - High Court would not interfere and..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Inspection of building - Revisional stage - Application dismissed as tenant had sufficient opportunities of leading evidence before authorities below, but he failed to do so - Even otherwise, Revision Court would not come to aid of party for collecting evidence - Application dismissed...........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 20, Rule 5 -- Suit time barred against some of defendants - Pronouncement of judgment - Court ought to have entered a finding that suit is not maintainable against some of defendants and accordingly pronounced a judgment and passed a decree - Passing of an order that defendants were..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(5) -- Dishonour of cheque - Revision against acquittal - S.401(5) Cr.P.C. permits High Court on its satisfaction about interest of justice to treat the application of revision as petition of appeal and deal the same accordingly - Any appeal against an order of acquittal is permissible..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC with permission of Court - Prayer for revocation of permission - Question as to whether Trust in question is a private Trust or charitable Trust - It is always open to defendant to take objection in this regard - Said issue should not be decided as preliminary issue, as nature of Trust can only be determined after..........
Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, Section 4, 7 -- Restoration of land to tribals - Revision - Once the revision is held to be within time, even if a tribal transferor is not interested to get back his land by refunding the purchase price, the Collector cannot drop the proceedings, but has to proceed further and divest the non-tribal transferee..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Liberal view be taken - Ignorance of party or delay on part of lawyer in filing revision petition are sufficient cause to condone the delay - Justice should not be defeated on mere technical grounds...........
