Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 465 -- Sanction for prosecution - Validity - Challenge to validity of order of sanction or validity of proceedings cannot be interfered by appellate or revision Court simply because there was some omission, error or irregularity in the order sanctioning prosecution, unless it finds that..........
Service -- Promotion - Uncommunicated Annual Confidential Reports (ACRs) - Promotion cannot be denied on the basis of uncommunicated ACRs - In the absence of uncommunicated ACRs remaining entries being "very good" - Appellant is entitled to be considered fit for promotion - Respondents directed to reconsider the claim of promotion of appellant on the basis of communicated..........
Criminal Procedure Code, 1973, Section 401, 232 -- Revision - Maintainability - Order of acquittal - Trial Court passed order u/s.232 Cr.P.C. on ground of absence of prosecution witnesses without actually finding out whether summons had really been served and warrants had been executed - Upon perusal of record by High Court it is found that notices were not served upon..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 103 -- Execution - Third party objections - Third party apprehending dispossession can file objections U.O.21.R.97(1) CPC - Adjudication of claim by Executing Court will be treated as a decree which is appealable - Revision filed against order deciding objections, held, not maintainable...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 24 -- Eviction - Revisional jurisdiction - Revision Court would not normally interfere with the findings of facts recorded by first appellate authority, only because on re-appreciation of evidence, its view is different from the authority below...........
Criminal Procedure Code, 1973, Section 156(3) -- Order of Revisional Court to decide the application afresh - Revision thereagainst - Not maintainable...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Power of High Court - Inherent as well as revisional jurisdiction should be exercised cautiously - Normally, revisional jurisdiction should be exercised on a question of law - However, when factual appreciation is involved, then it must find place in the class of cases resulting in a perverse finding...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(a)(b), 11(3) -- Rent and eviction - Bonafide requirement - It is for the landlord to decide as to which premises is required by him - Appellate Authority also found that the reasons put forward for not utilising certain rooms for satisfying the need of his son were acceptable - No reason to take a different..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Revision against conviction - Accused convicted and sentenced to undergo R.I. for period of 6 months and compensation of Rs.2,30,000/- and in default of payment of compensation to further undergo R.I. for one month - Since entire payment of cheque has been..........
Criminal Procedure Code, 1973, Section 24, 301 -- Public Prosecutor - Appointment - Public prosecutor appointed to conduct a case before trial Court is not entitled to conduct appeal or revision before High Court - Public prosecutor has to be specifically appointed for appeals or revisions or other proceedings in High Court...........
