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 -- Dishonour of cheque - Conviction - Modification of sentence - Cheque in question for a sum of Rs.57,600 dishonoured - Imposition of sentence of imprisonment - Revision against - Held, conviction upheld - Sentence of imprisonment ordered against petitioner is modified and reduced into one day simple imprisonment, i.e. till..........
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of offence - As per settlement, complainant has agreed that if cheque amount of Rs.50,000/- is allowed to be withdrawn which is deposited by applicant, he will not have any objection if conviction of applicant is quashed - Held, parties permitted to compound the offence -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..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Conditional order - Non-compliance of - Application dismissed - Challenge thereto - There is no satisfactory reason on the part of petitioner to justify no, compliance of conditional order - No illegality or material irregularity, leading to miscarriage of justice, on the part of Court..........
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..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Unfit and unsafe - Eviction order passed by Rent Controller only on the ground that building has become unfit and unsafe for human habitation - Appellate Authority passed eviction order on the ground of personal necessity, non payment of rent and that premises has become unfit and unsafe for..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order passed by Rent Controller as well as by Appellate Authority - In revision counsel for tenant made prayer for time to vacate demised premises so as to make alternative arrangement to which counsel for landlord had no objection - Petition disposed of with direction to tenant to vacate tenanted..........
Consumer Protection Act, 1986, Section 13(3B), 17(1)(b) -- Striking off defence - For not filing reply to the complaint after availing several opportunities and for non-payment of costs - Held that for the palpable negligence and the dilatory tactics adopted by the OP he could be burdened with heavy costs - An opportunity should be afforded to the Revision Petitioner to..........
