Civil Procedure Code, 1908, Section 115, 80(2) -- Revision - Order declining leave u/s 80(2) CPC - Amounts to case decided and amenable to revision u/s 115 C.P.C...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence closed by order as 20 effective opportunities for leading evidence availed - Revision against - Dismissed - SLP also dismissed - There is no justification to grant further opportunity to the petitioner for leading additional evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - On the ground of stop payment and difference in signatures of drawer - Order of cognizance and issuance of process challenged in revision - Held, difference in signatures appearing on the impugned cheque is of no consequence at this stage - Further held, that a party should not be allowed to get away..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque on ground of stop payment - Order of cognizance and issuance of process challenged in revision on the ground that the cheque was issued only as a security - Held, at the stage of taking cognizance, Court is look into the materials placed before it by the complainant - The Court taking cognizance is not to..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Revision - Compounding of offence - A joint compromise memo filed by both parties - Held, considering the fact that the matter has been compromised between both parties, respondent herein is permitted to compound offence against revision petitioner/accused - Conviction and sentence..........
Constitution of India, 1950, Article 226, 227 -- Writ petition against order passed by civil court against which revision is not maintainable - High Court before exercising jurisdiction under Article 226 has to consider whether trial Court committed a jurisdictional error by refusing to exercise its jurisdiction or it was a case of failure on the part of trial Court to..........
Constitution of India, 1950, Article 309, Punjab Education Service Class-III School Cadre Rules, 1955, Rule 10 -- Post of teacher - Petitioners seeking advance increments from date of acquiring post graduate qualification - Through Memo Dt. 01.09.1960 State Government accorded for grant of 2/3 advance increments to Masters upon improving qualifications - Advantage of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Revision filed dismissed by Sessions Court - Maintainability of petition u/s 482 of the Code in High Court - Held, to prevent miscarriage of justice and to secure ends of justice, High Court can entertain application filed u/s 482 Cr.P.C. in exercise of power of superintendence - However such power is to be..........
Protection of Women From Domestic Violence Act, 2005, Section 23, 29, Criminal Procedure Code, 1973, Section 397(2) -- Interim maintenance - Granted to prevent the child going into vagrancy because of lack of funds - Order upheld by Sessions Judge - Held, revision not maintainable before High Court...........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 304A -- Revision against conviction - High Court in its revisional jurisdiction cannot re-appreciate and reappraise the evidence until and unless, it comes to the conclusion that the findings recorded by the trial Court are perverse, illegal and erroneous on account of misreading of evidence...........
