Criminal Procedure Code, 1973, Section 125 -- Maintenance - Enhancement - Revisional Court cannot enhance the maintenance of his own when no revision is filed against the grant of maintenance...........
Criminal Procedure Code, 1973, Section 397(2) -- Interlocutory order - No revision lies against interlocutory order - Test to determine whether an order is interlocutory order or not are: (1) If the contention of the petitioner who moves the superior court in revision, as against the order under challenge is upheld, would the criminal proceedings as a whole culminate? If..........
Criminal Procedure Code, 1973, Section 203 -- Complaint - Dismissal of complaint after consideration of preliminary evidence - Order is not an interlocutory order - Revision against - Maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 245 -- Dishonour of cheque - Sleeping partner - Petition for discharge of sleeping partner u/s 245(2) Cr.P.C. dismissed - Revision also dismissed by Sessions Court - Petition u/s 482 Cr.P.C. for quashing complaint and summoning order - No mention of order of Magistrate or Sessions..........
Civil Procedure Code, 1908, Section 115, 2(2) -- Court fee - Non payment - Dismissal of suit - Appeal and not revision lies...........
Criminal Procedure Code, 1973, Section 311, 399, 482 -- Recall of three prosecution witness for further cross examination - Application filed after 25 witnesses had been examined and trial was at concluding stage - Application rightly held to be delaying tactics in trial pending for last 20 years - Revision against that order rightly rejected by Sessions Judge - No grave..........
Criminal Procedure Code, 1973, Section 378(4), 210, 225, 2(d), 2(r) -- Acquittal in a case originally instituted on complaint - Appeal against - Merely because complaint was committed to Court of Session and conducted by Public Prosecutor, it would not cease to be complaint case - Court can treat revision filed by complainant assailing order of acquittal as an appeal under..........
Criminal Procedure Code, 1973, Section 401, 378 -- Acquittal - Revision against - High Court can order retrial if there is a glaring defect in the procedure or manifest error on a point of law resulting in flagrant miscarriage of justice or when it is found that the trial Court has no jurisdiction to try the case or where the trial Court has illegally shut out the evidence..........
Civil Procedure Code, 1908, Section 152 -- Clerical or arithmetical mistake - Neither Arbitrator nor trial Court awarded any pendente lite interest - Held, it is not proper for High Court in revision to grant pendente lite interest in exercise of jurisdiction u/s 152 CPC...........
Criminal Procedure Code, 1973, Section 125, 482 -- Interim maintenance - Revision dismissed by Sessions Judge on ground of maintainability as well as on merits - Petition u/s 482 in garb of second revision is not maintainable...........
