Civil Procedure Code, 1908, Section 115 -- Revision - Non-affixation of proper Court fee on plaint - Question of affixation/payment of Court fee is between plaintiff and State and defendant had no right to move superior Courts by way of appeal or revision petition in eventuality said question having been decided against him - Revision petition dismissed being not..........
Civil Procedure Code, 1908, Section 115(1) -- (as applicable in UP), O.6.R.17 - Revision - Decision on an application U.O.6.R.17 CPC would amount to a case decided, as order deciding amendment application would have a direct bearing on right of either parties, if it is allowed or rejected - Revision would lie against such an order...........
Indian Penal Code, 1860, Section 309, Mental Healthcare Act, 2017, Section 115, Criminal Procedure Code, 1973, Section 482 -- Attempt to suicide - Presumption u/s 115 of Mental Health Care - Quashing of proceedings - Overwhelming reasons made out to say that petitioner had committed the act under severe mental stress which stands saved from being tried and punished under..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Refusal to appoint - Revision against - Order refusing to appoint local Commissioner does not decide any issue nor does it adjudicate any rights of parties for the purpose of suit and hence not a revisable order - Revision petition dismissed...........
Civil Procedure Code, 1908, Section 115 -- (Orissa Amendment) - Revision - Revisional Court being High Court or District Court, as the case may be can reverse an order which would finally dispose of suit or other proceeding - High Court thus, was not right in holding that revisional Court had no jurisdiction to reject the plaint filed U.O.7.R.11 CPC, as reasoning of High..........
Civil Procedure Code, 1908, Section 115 -- (Orissa Amendment), O.7.R.11 - Revision - Rejection of plaint - When a revisional Court rejects a plaint, in substance, an application filed U.O.7.R.11 CPC is being allowed - Under such circumstances, remedy by way of a writ petition u/art 227 of Constitution could be availed - Although if plaint had been rejected by trial Court,..........
Civil Procedure Code, 1908, Section 115 -- (as amended in State of Orissa) - Revision - Maintainability - Order allowing application u/s 5 of Limitation Act - Application for condonation of delay in filing first appeal has no independent existence bereft of appeal - It cannot be said that said order passed in limitation application was passed in any original or independent..........
Civil Procedure Code, 1908, Section 115 -- Revision - Tribunal Constituted under Motor Vehicles Act is subordinate to Civil Court/High Court within meaning of S.115 CPC...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 120B, 411, 201, 115, Arms Act, 1959, Section 25 -- Bail - Murder - Only incriminating material against accused is his own confession - However, confession made by accused before Police Officer is inadmissible in evidence - Fact that accused is facing proceedings in several other cases..........
Civil Procedure Code, 1908, Section 92, 115 -- Grant of leave to file suit u/s 92 CPC - Revision - Maintainability - Order granting leave u/s 92 CPC does not decide any rights of parties and is made at the stage before suit comes into being - It is thus, open to petitioner to apply for revocation of leave of Court as granted by impugned order - But revision against such..........
