Provisional Small Cause Courts Act, 1887, Section 25 -- Revisional jurisdiction - Scope of - Findings recorded by trial court totally perverse and against evidence on record and pleading of parties - Revisional Court did not appreciate evidence led before trial court - Observation by revisional court that scope of revision u/s 25 was narrower than scope of regular civil..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Conviction and sentence - Revision - Compounding of offence - Matter has been settled between parties - Held, offence allowed to be compounded - Conviction and sentence liable to be set aside - Petitioner/accused acquitted u/s.320 Cr.P.C. - Petition..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - As per settlement, complainant has agreed that if cheque amount of Rs.50,000/- is allowed to be withdrawn which is deposited by applicant, he will not have any objection if conviction of applicant is quashed - Held, parties permitted to compound the offence - Revision..........
Andhra Pradesh Wakf Act, 1995, Section 89(3) - - Revision by third party - Maintainability - Claim of original plaintiffs before Wakf Tribunal that disputed properties belonged to Dargah Hazrath Shah Khamoosh Sabheb and shown as government lands but was notified as wakf and correction has to be made in TSLR - Ex parte decree passed by Wakf Tribunal directing correction of..........
Civil Procedure Code, 1908, Section 54 -- Partition - Equal distribution - One of the stipulations of proposed partition was maintaining possession of the shareholders - Appeal thereagainst dismissed by Collector - Revision against order of Collector allowed by Commissioner by holding that changes can be made in the mode of partition and the possession of the parties can..........
Civil Procedure Code, 1908, Section 115 -- Revision - Parties have been litigating for last 30 years and lot of evidence has been led on record to prove their possession respectively - Held, appellate court would remain confined to read evidence within the scope of pleadings and not beyond that and decide the case as per position which was existing at the time of filing of..........
Consumer Protection Act, 1986, Section 15, 21(b) -- Appeal - Limitation - Condonation of delay - Delay of more than 10 months in filing appeal before the State Commission and delay of more than one year in filing revision - No cogent and sufficient ground has been mentioned seeking condonation of delay, except for bald assertion that discussions were going on between the..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Civil Procedure Code, 1908, Section 34 -- Compensation - Interest - No revision preferred by the appellant against the order of State Commission whereby the amount of Rs. 2,72,517/ - was awarded to him - Hence appellant cannot be awarded enhanced compensation beyond what has been pegged down by the State Commission..........
Consumer Protection Act, 1986, Section 13(3 -- B) - Maharashtra Ownership of Flat Act, 1963, Section 9 - Maharashtra Ownership of Flat Rules, 1964, Rule 9 Housing - Building - Completion certificate - Conveyance deed - Execution of - Sanction plan - Revision of - Construction activities - Restraint order - Interim order - Vacation of - Revision - District Forum has only..........
Negotiable Instruments Act, 1881, Section 1881, 138, 147, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Conviction - Revision - Compromise between parties - Accused agreed to pay amount due to complainant - Held, offence allowed to be compounded - Accused acquitted...........
