Mutation -- Grant of mutation on the basis of Will - Challenged on the basis of gift deed - In appeal order of mutation was set aside and mutation was ordered to be granted on the basis of gift deed - This order was set aside in Revision - Civil suit for cancellation of gift deed and injunction pending before Civil Court - Order passed in mutation proceedings will be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused has already undergone jail sentence of about 23 days out of 6 months - Incident took place in the year 2008 - Accused was on bail during trial, appeal and revision and he did not misuse the liberty - No purpose would be served sending accused to jail after such long..........
Indian Penal Code, 1860, Section 279, 338 -- Rash and negligent driving - Reduction of sentence - Case was registered in 2000 and it is almost 23 years that accused is facing agony of pendency of criminal proceedings - Accused has not committed any offence except the present one - He never misused the concession of bail granted to him during pendency of revision -..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance by married daughter and her minor brother - Application for maintenance dismissed and revision there against was filed by married sister alone - Revisional Court exercised suo moto power u/s 399 Cr.P.C to set aside dismissal order passed against minor brother on the ground of locus standi and granted maintenance to..........
Criminal Procedure Code, 1973, Section 397, 372 -- Conversion of revision into appeal - Order of acquittal - Appeal u/s 372 Proviso Cr.P.C can be preferred against judgment of acquittal only if such judgment was passed on or after 31.12.2009 i.e when Proviso to S.372 Cr.P.C has come into force - In the instant case, since offence has been committed prior to 31.12.2009 and..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Ex parte decree - Setting aside - Dismissal of application - It is appeal and not revision which is maintainable - However, if an order allowing such an application is passed, the same is not appealable...........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11 -- Rejection of plaint - It is a decree within meaning of S.2(2) of CPC - It is appeal and not revision which lies thereagainst...........
Criminal Procedure Code, 1973, Section 356, 401 -- Complaint - Dismissal in default - When said order is challenged in a revision then persons who are arraigned as accused in the complaint have a right to be heard in such a revision petition...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence u/s 138 of the Act cannot be compounded at the stage of revision before High Court without consent of complainant...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 401, 397 -- Dishonour of cheque - Revision - If there is non consideration of any relevant materials, which would go to the root of the matter or any fundamental violation of the principle of law, then only power of revision is available...........
