Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 15(6) -- Revision - While exercising revisional power, High Court cannot reappreciate evidence on record, both oral and documentary - Revisional jurisdiction is confined to find out whether findings of fact rendered by Court or Authority below were according to law and do not suffer from any error of law...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20 -- Revision - Eviction decree - Powers of High Court - Courts below were well supported by evidence on record and could not even be said to be perverse in any way - High Court could not have re-appreciated evidence and concurrent findings rendered by Courts below ought not to have been interfered by High Court..........
Criminal Procedure Code, 1973, Section 482, 437(2) -- Petition u/s 482 Cr.P.C - Maintainability - Order of re-arrest of accused u/s 437(2) Cr.P.C - Order passed is a final order and revision can be filed u/s 397 Cr.P.C against such order - Since decision arrived by Magistrate qua said order is purely question of law, petition filed u/s 482 Cr.P.C is maintainable...........
Criminal Procedure Code, 1973, Section 397, 311 -- Revision - Maintainability - Order rejecting application u/s 311 Cr.P.C is an interlocutory order and no revision against said order is maintainable - Revision rightly dismissed...........
Civil Procedure Code, 1908, Section 115 -- Revision - Decree of specific performance modified to a decree of refund of sale consideration by High Court in a revision filed against execution proceedings - Such a course is not open in law...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(3), 482 -- Dishonour of cheque - Second revision - By the same party is expressly barred - Petition u/s 482 Cr.P.C. is nothing but a second revision - A person cannot be permitted to do indirectly what he cannot do directly...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Amicable settlement during pendency of revision filed against order of conviction - Court may proceed to compound the offence while exercising power u/s 147 of the Act...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against acquittal - Court has to keep in mind presumption of innocence in favour of accused and same being fortified by an order of acquittal in a revision against acquittal...........
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..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 207 days in filing revision - Court should take liberal view in matter of condonation of delay - Keeping in view the averments and grounds alleged in application for condonation of delay, it constitutes a sufficient cause within the meaning of S.5 of the Act - Delay condoned...........
