Punjab Land Revenue Rules, 1909 -- Appointment of Lambardar - Petitioner, a matriculate, and aged 35 years appointed Lambardar in preference to respondent against whom Criminal proceedings were pending - A private complaint also pending against petitioner - Order of Collector set aside in appeal by Commissioner and in revision by F.C. on ground that District Magistrate..........
Criminal Procedure Code, 1973, Section 397, 401 -- Acquittal - Revision - Reversal into conviction - Legality of - Held, as per S.401(3) Cr.P.C. High Court has no power to convert finding of acquittal into one of conviction in a revision petition filed u/s 397 Cr.P.C. - Having regard to language employed in S.399(1) and (2) Cr.P.C. and limitations provided by S.401(2) to..........
Negotiable Instruments Act, 1881, Section 1881, 138, 147, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Conviction - Revision - Compromise between parties - Accused agreed to pay amount due to complainant - Held, offence allowed to be compounded - Accused acquitted...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Interlocutory order - Finding by Court that it has no jurisdiction and complaint returned for presentation before Court having jurisdiction - Held, such order cannot be termed as interlocutory...........
Criminal Procedure Code, 1973, Section 482, 401 -- Inherent power - Exercise of - No form or procedure is prescribed in the Code - In appropriate cases, inherent power of High Court can be exercised even in a case filed as Revision against order of Court below...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Conviction - Appeal - Pending disposal of appeal, petitioner filed application u/s. 391 of Cr.P.C. stating that he has paid entire amount to respondent/complainant and want to produce documentary evidence in support thereof - Dismissal of - Validity - On an..........
Essential Commodities Act, 1955, Section 6A, 6E, Criminal Procedure Code, 1973, Section 397 -- Release of vehicle - Revision - Application for release of vehicle rejected by Distt. Collector on ground that investigation is going on - Revision before Sessions Judge - Maintainability of - Held, Session Judge wrongly entertained revision petition u/s 397 Cr.P.C. - As per..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20 -- It is not necessary that woman should have a marriage subsisting and existing at the time of filing of application u/s 12 of the Act - No time period is prescribed as to when the aggrieved person should have been in domestic relationship with the respondent - No time limit is prescribed in the..........
Criminal Procedure Code, 1973, Section 145, 146, 379(2), 482 -- Ex parte attachment order - Recall order passed also ex parte which was subsequently recalled - Consequently attachment order revived - Such recall order is neither a preliminary order u/s 145 (1) of the Code nor an attachment order u/s 146 (1) of the Code - It is purely an order passed on the application..........
Criminal Procedure Code, 1973, Section 482 -- Discharge application - Dismissed by Magistrate - Revision against also rejected - Incidence took place when applicant, detained in jail, was taken for appearance before Court and he abused police personnel as well as other accused persons for being denied food items supplied by his relatives for which FIR was lodged -..........
