Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque dishonoured by Bank at Jaipur - Cognizance order passed by Court falling within functionally bifurcated territorial jurisdiction of Principal Seat at Jodhpur - Revision of Misc. appeal challenging order can be passed at Principal Seat at Jodhpur and not at Jaipur...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is not in dispute that due amount of cheque has already been received by petitioner during the period of trial - Court below has taken note of aforesaid and also the fact that 12 cheques were in respect of simultaneous transaction, the benefit of Probation of Offenders Act was given - Non-payment of..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 397 -- Charge - Revision against framing charge u/s 420 IPC - Accused bargaining of gold pertaining to some pieces of yellow alloy stating it to be gold - Ingredients of cheating well available in the case - At this stage it cannot be stated that no offence is committed by the accused on the face..........
Service -- Parity in pay scales - Mere fact that at an earlier point of time, two posts were carrying the same pay scale does not mean that after the implementation of revision in pay scales, they should necessarily have the same revised pay scale...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 49, 53 -- Juvenile - Claim of juvenility - Trial Court holding that accused was not juvenile at the time of occurrence - Revision against - Trial Court gave good reasons in support of it decision - Order of trial Court was neither illegal nor improper - Held, High Court cannot substitute its own..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a), 15(5) -- Sub letting - Petition dismissed - Order reversed by Appellate Authority - Revision against - Held, that Revisional Court while exercising jurisdiction under Section 15(5) of the Act can only seek the legality and propriety of the judgment impugned - Legality or propriety does not mean..........
Civil Procedure Code, 1908, Order 8, Rule 1, 5 -- Written statement - Filling of - Striking off defence after filing of written statement - Legality of - Held, provision of O.8.R.1 CPC is not mandatory but is directory only - Discretion has to be exercised judiciously and for that purpose it has to be seen before passing an order whether it could cause hardship to..........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Sentence of imprisonment reduced keeping in view the fact that revision petition is decided after a period of more than 14 years...........
Consumer Protection Act, 1986, Section 2(1)(g) , 21(b), Motor Vehicles Act, 1988, Section 157 -- Indian Motor Tariff Regulations, General Regulation 10 - Insurance claim - Repudiation - Ground that Insurance Policy on transfer of vehicle not transferred in the name of transferee of vehicle - Deemed transfer u/s 157 of the MV Act is restricted to third party risks and does..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 468, 473 -- Cruelty - Last incident of cruelty and torture occurred in the year 1994 and thereafter never lived with the revisionist - Cognizance of offence taken in 2005 - No order passed by Magistrate u/s 473 Cr.P.C. whereby he condoned the delay - Order taking cognizance is barred by principle..........
