Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Order dismissing petition filed for marking Xerox copy of Will - Revision against said order is not maintainable as order cannot be said to be one which would have resulted in final disposal of suit - Revision dismissed...........
Criminal Procedure Code, 1973, Section 311 -- Opportunity to cross examine - Counsel refused to cross examine during pendency of revision petition - Since there was no stay by revisional Court, trial Court was bound to proceed with the trial according to law - Accused not entitled to any further opportunity...........
Criminal Procedure Code, 1973, Section 156(3) -- Order directing police to investigate the case - Revision - Maintainability - Petitioners being a prospective accused, has no right to challenge the said order by way of revision - Revision, held, not maintainable...........
Criminal Procedure Code, 1973, Section 311, 397(2) -- Order passed u/s 311 Cr.P.C. - It is an interlocutory order - Revision against such interlocutory order is not maintainable...........
Criminal Procedure Code, 1973, Section 311 -- Order passed u/s 311 Cr.P.C - It is an interlocutory order - Revision does not lie against the same...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Even when petitioner has alternate remedy of revision still petition u/s 482 Cr.P.C. is not barred so as to meet ends of justice - High Court can examine complaint as well as summoning order passed by Court below u/s 482 of Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Auction sale - Invalidity of sale - Petitioners/claimants can raise the ground of invalidity of sale U.O.21.R.64 CPC for the first time in Revision petition, even without raising such a plea before Executing Court...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband is well qualified person and possesses diploma of ITI course - Husband after such qualification must be earning a handsome amount - Family Court rightly awarded maintenance @ Rs.6000/- p.m to wife - No interference warranted - Revision dismissed...........
Criminal Procedure Code, 1973, Section 397(3), 125 -- Second revision - Bar u/s 397(3) Cr.P.C. - Applicable only when revisional applicant before Sessions Court and High Court is the same person...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Allowed - High Court, in revision set aside the order - Held, when appeal is pending before lower appellate Court, impugned order passed by High Court cannot be upheld - However, first appellate Court to decide application for additional evidence afresh in the light of observations..........
