Civil Procedure Code, 1908, Order 47, Rule 5 -- Review - By the same Judge/Judges, Bench - If the Judges who made the order in regard to which review is sought continue to be the Judges of the court, they should hear the application for review and not any other Judges unless precluded by death, retirement or absence from the Court for a period of six months from the date..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Recovery of Rent - Leave to defend - Grant of - Validity - Held, in absence of any prima facie material to substantiate that petitioner had made payment of amount either by way of rent or mesne profits for period he had occupied premises, leave to defend granted by trial Court was not justified - Only..........
Haryana Municipal Corporation Act, 1994, Section 87(3),149(1) -- House tax - Exemption - Petitioner-school filed writ petition against order refusing exemption from house tax - Maintainability of - Held, petitioner-school has statutory rights of appeal and revision - It cannot legally be permitted to ignore/bye-pass these remedies at this stage in garb of Art. 226/227 of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant/no, applicant made a statement at bar that compromise has taken place between parties outside Court and in pursuance to that complainant/no, applicant has received an amount of Rs.55,000/- from applicant/accused and prayer is made for compounding the offence u/s..........
Rajasthan Stamp Act, 1999, Section 65(1) -- Proviso - Order to pay deficit stamp duty - Revision against - Requirement of deposit of 50% of the demand before a revision is entertained - Validity of - Held, it is only a condition for grant of right of revision - Proviso does not render the right of revision illusory and is within the legislative power of the State..........
Constitution of India, 1950, Article 226, Rajasthan Stamp Act, 1999, Section 65 -- Demand of deficit stamp duty - Writ petition thereagainst - Alternative remedy - Held, writ petition cannot be rejected on ground of availability of alternative remedy of revision u/s 65 - Court should look into whether determination of value of property purchased by appellant and demand of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Held, an application for compounding of offence filed u/s 320 of Cr.P.C. after pronouncement of judgment in appeal/revision, petition does not lie as court has no more seisin over the case - Compounding of offence u/s 320 of Cr.P.C. is permissible only when the case is..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- L.R's - Impleadment in revision - If the heirs and legal representative are brought on record within the prescribed time at one stage of a suit, it will enure for the benefit of all the subsequent stages of the suit - If the legal representatives of a deceased plaintiff or defendant are brought on record in an appeal or..........
Criminal Procedure Code, 1973, Section 167, 397, 401, 482, Constitution of India, 1950, Article 14, 19, 226, 227 -- Application for police remand - Rejection by Magistrate - Revision - Maintainability - Held, if remand is rejected, it would adversely affect right of prosecution to carry out further investigation and in a given situation investigation may not be able to..........
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 -..........
