Criminal Procedure Code, 1973, Section 397, 401 -- Acquittal - Revision against - High Court does not have the power to reappreciate the evidence...........
Criminal Procedure Code, 1973, Section 145, 146, 397(2) -- Order of attachment - Passed u/s 146(1) during pendency of proceedings u/s 145 - Neither the respective rights of the parties are adjudicated nor any findings about any legal right is given by such an order - Revision against - Not maintainable...........
Criminal Procedure Code, 1973, Section 397, 482 -- Revision - Quite meritless and based on technicalities of law - Cost of Rs.5,000/- imposed with direction that the amount be transmitted to High Court Bar Association Library Fund...........
Civil Procedure Code, 1908, Section 151 -- Correction of mistake in misdescription of name of parties in Title of Civil Revision Petition and so also in accompanying Affidavit - Not unknown that stenographers while typing out the names of the parties in appeal or revision in High Court refer to the array of parties in the Court below - No sinister motive can be read into..........
Criminal Procedure Code, 1973, Section 482, 319 -- Penal Code, 1860, S.306 - Summoning of additional accused - Double jeopardy - Death due to burn injuries - Complaint dismissed without summoning the accused - Summoning of the petitioners u/S.319 Cr.P.C. in police case - Dismissal of complaint does not amount to discharge - Revision petition pending - Summoning of the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Application rejected - Even then plaintiff can move fresh application u/s 151 CPC with a distinction that in case temporary injunction is granted under O.39.Rr.1, 2 then Misc. appeal is maintainable under O.43.R.1 but if an injunction is granted under S.151 then no Misc. appeal is..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte eviction order - Setting aside - Tenant proceeded exparte for the third time - Suffering from Dislocated Slip Disc - Application dismissed - Revision against - In revision tenant instructed to deposit arrears of rent which he deposited amounting to Rs.1, 09, 350/- - Shows his bonafide to contest the ejectment petition..........
Civil Procedure Code, 1908, Order 22, Limitation Act, 1963, Article 137 -- Revision - Impleading of L.R's - Limitation is three years under Article 137...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 97 -- Obstructors - Asserted their lawful possession as tenant - Earlier an application based on same facts was rejected - Order became final with dismissal of revision - Trial Court is not required to determine alleged claim of tenancy as the application is barred by res judicata u/s 11 of the Code...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Commission - Rejection of application for issuing commission - Revision thereagainst - Not maintainable...........
