Indian Penal Code, 1860, Section 325, 34 -- Revision for enhancement of sentence - Accused convicted u/ss 325, 34 IPC - Accused given benefit of S.4 Probation of Offenders Act and they were directed to be released on executing a personal bond of Rs.20, 000/- with two sureties each of the like amount that they shall maintain peace and be of good behaviour for a period of..........
Constitution of India, 1950, Article 14, 136 -- Pay scale - Revision of pay scale - Withdrawal of pay scale - Tower Wagon Driver (TWD) in Eastern Railways - New plea - Special Leave Petition - Pay scale held to be a legitimate right of an employee - Except for valid and proper reasons it cannot be varied, that only in accordance with law - In the case of respondent none of..........
Civil Procedure Code, 1908, Section 35A -- Compensatory costs - The provision of S.35-A CPC has virtually become infructuous and ineffective on account of inflation - Provision requires realistic revision...........
Civil Procedure Code, 1908, Section 115 -- Revision - High Court cannot re-appreciate the evidence and set aside concurrent findings of facts by taking a different view of the evidence - It is always open to the High Court to remit the matter if in its opinion the courts below did not consider the material evidence on record...........
Civil Procedure Code, 1908, Section 35A -- Compensatory costs - The provision of S.35-A CPC has virtually become infructuous and ineffective on account of inflation - Provision requires realistic revision...........
Indian Penal Code, 1860, Section 394, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 394, 323, 504, 506 IPC and S.3(1)(x) SCST Act - Discharge application moved before Magistrate - Application rejected on the ground that case is triable by Special Court of Sessions and Magistrate has no..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Cheque amount Rs.50, 000/- - Accused sentenced and convicted to 8 months SI - In revision accused ready to deposit the amount - Request allowed - In the matter of dishonour o cheque, compensatory aspect remedy shall be given preference than the punitive aspect..........
Negotiable Instruments Act, 1881, Section 138, 142, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Legally enforceable debt and liability - Presumption as to - Rebuttal thereof - Held, as per S.139 of the Act, it is burden of accused to rebut presumption as S.139 of the Act provides that once cheque contains signature of a particular accused, it has to be presumed..........
Criminal Procedure Code, 1973, Section 204, 397, 482 -- Order summoning accused - No revision maintainable against said order - Proper remedy is to file petition u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, 362 -- Revision - Finally disposed on merits by High Court - Court cannot review such order by invoking its inherent powers - Court can review its own final order only for the limited purpose stated in S.362 of the Code or when the judgment is obtained by fraud...........
