Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Respondent/complainant alleged that petitioner/accused borrowed amount and cheque issued towards re-payment was dishonoured - Petitioner denied any connection with respondent - Signature of petitioner thereupon is in one ink while all other writings thereupon are in another -..........
Indian Penal Code, 1860, Section 452, Limitation Act, 1963, Section 5 -- Revision - Delay - Condonation - Accused sentenced to two years rigorous imprisonment u/s 452 IPC - Delay of 15 months in filing revision - Held, in cases of conviction and imposition of sentence of imprisonment court must show far greater indulgence and flexibility in applying law of limitation than..........
Electricity Act, Section 39, Indian Penal Code, 1860, Section 379 -- Theft of electricity - Modification of sentence - Petitioner was barely 20 years old at the time of commission of crime - Incident took place in the year 1999 - Revision decided in the year 2011 - Convict has experienced sufficient hazards of litigating process for all these years - Moreover, he has..........
Motor Vehicles Act, 1988, Section 168 -- Additional Evidence - Revision petition against order passed by MACT, whereby application filed by claimant seeking permission to lead additional evidence dismissed - Taking into consideration the fact that in the claim petition particulars of the FIR were given and Registration number of the vehicle was also mentioned, examination..........
Criminal Procedure Code, 1973, Section 311 -- Summoning or refusing to summon witnesses - Order is interlocutory as it does not decide any substantive remedy of the litigating parties - Revision against such order - Not maintainable...........
Civil Procedure Code, 1908, Section 47, 152 -- Execution of decree - Wrong description of premises - Correction thereof - Report of bailiff confirms that description of premises in suit was not correct and as such, he could not deliver possession of suit premises as per decree - After such report, decree-holder filed an application u/s 152 of CPC praying for correction of..........
Constitution of India, 1950, Article 21 -- Speedy justice - Criminal revision - Held, delay is a very relevant factor and every accused is entitled to speedy justice in view of Art.21 of Constitution of India, which encompasses all the stages, namely, stage of investigation, enquiry, trial, appeal, revision and retrial - But ultimately, it depends upon various factors,..........
East Punjab Utilisation of Lands Act, 1949, Section 13(3)(a)(i), Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier eviction petition filed on ground of bona fide requirement of himself and one son - Petition dismissed on technical grounds that necessary ingredients of the provision of S.13(3)(a)(i) of Rent Act not pleaded - Revision still pending - Another..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Revision - Grant of maintenance of Rs.2,000 P.M. in favour of minor son by trial Court - Reduction by Sessions Judge in revision to Rs.800 P.M. - Validity - Claimant minor son was studying in LKG - Respondent stated that he is an employee courier service and drawing a salary of Rs.2,000 P.M. - Held, respondent..........
Probation of Offenders Act, 1958, Section 11, Criminal Procedure Code, 1973, Section 357 -- Releasing of accused on probation - Compensation by Appellate Court - Can be granted only when appeal or revision of such offender comes before a higher court and not when appeal or revision is preferred by complainant...........
