Himachal Pradesh Urban Rent Control Act, 1987, Section 24(5) -- Revision - Preliminary issue decided against tenant - Maintainability of revision petition - Admittedly, tenant and his wife purchased 1/3rd share in demised premises - However, despite that status of tenant as a lessee does not get merged into status of a co-sharer - Said adjudication decided fate of parties..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment - In revision filed u/art.227 of Constitution, High Court would not interfere with order passed by trial Court either appointing or refusing to appoint a local commissioner - However, if there is no option left but to appoint a local commissioner to determine correctness or otherwise of..........
Civil Procedure Code, 1908, Section 47(1) -- Revision - Maintainability - Parties are in litigation since long time and has not ended - Respondent is in possession of suit property - Necessary ingredients which constitute adverse possession, are completely missing in the plaint - Thus, plea in revision petition is a pure question of law and can be raised at any stage of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of jurisdiction, cause of action and limitation can only be decided after framing of necessary issues and leading of evidence by parties, in view of pleadings made in plaint - No indulgence granted in favour of defendant in revision petition - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Compromise between parties during pendency of revision - Complainant received all the amount from accused and does not want to proceed in the matter - Conviction and sentence set aside...........
Rajasthan Rent Control Act, 2001, Section 6 -- Revision of rent - S.6 of the Act empowers landlord to obtain revision of rent and to calculate rent from date of initiation of tenancy - But in the event landlord does not choose to invoke machinery of revision of rent as provided in S.6 and S.14 of the Act, agreed rent between parties shall not automatically be changed nor..........
Rajasthan Rent Control Act, 2001, Section 6 -- Revision of rent - Tenant paying rent as agreed between parties before commencement of Act and even after commencement of Act - Landlord cannot claim revision of rent as per agreement @ 10% p.a after enforcement of Act - Observation of High Court that landlord was entitled to rent as was payable on date of commencement of Act..........
Civil Procedure Code, 1908, Section 144 -- Restitution - S.144 CPC applies to a situation where a decree or an order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose - In that situation, Court which passed the decree may cause restitution to be made, on an application of any party entitled,..........
Criminal Procedure Code, 1973, Section 125, 397, 482 -- Revision - Order rejecting or allowing an application for maintenance u/s 125 Cr.P.C is not an interlocutory order which adjudicates rights of parties to some extent - Revision against said order is maintainable u/s 397 Cr.P.C - Application u/s 482 Cr.P.C against such order thus, not maintainable, as powers of High..........
Civil Procedure Code, 1908, Order 21, Rule 97, Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 25, Civil Procedure Code, 1908, Section 115 -- Execution - Objections - Revision - Executing Court decided objections on merits - Remand - Remand of case is necessary when Superior Court while exercising its appellate or revisionary jurisdiction finds that Subordinate..........
