Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Dismissal of appeal against acquittal - Revisional jurisdiction is to be exercised only in exceptional cases where interest of public justice require interference for correction of a manifest illegality or prevention of gross miscarriage of justice...........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 498A, 406, 363 -- -Revision - Dismissal of appeal against acquittal - Offence u/ss 498-A, 406, 363 IPC - Appeal filed against judgment of acquittal after almost 2 years - No explanation given for such inordinate delay and petitioner was well versed with the progress of case - It is thus not a..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against acquittal - Revisional jurisdiction is to be exercised only in exceptional cases where interest of public justice require interference for correction of manifest illegality or prevention of gross miscarriage of justice...........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 498A, 323 -- Revision against acquittal - Cruelty - Trial Court made sincere endeavour to appreciate evidence which was available on record, while recording its finding favouring accused for extending benefit of doubt - First appellate Court examined entire evidence and concluded in clear and..........
Civil Procedure Code, 1908, Section 115(3)(as -- Revision - Irreparable loss - Mere inconvenience to a party by not consolidating the suit, would not fall within the ambit of irreparable loss - Revisional Court over looked the restriction placed upon it u/s 115(3) CPC by interfering the order rejecting consolidation of suits by Trial Court - Impugned order of allowing..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Revision - Maintainability - Order of eviction on ground of default in payment of rent - As per lease entered between landlord and tenant rent payable for first year was Rs.25000/- and then Rs.28000/- to be paid for remaining period of lease - However, Rent Controller while dealing with suit for eviction..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397(3) -- Dishonour of cheque - Second revision - Remedy u/s 482 Cr.P.C. after availing remedy of revision is available in rarest of rare case - Present not a case where Court is inclined to invoke its inherent power - Petition dismissed...........
Criminal Procedure Code, 1973, Section 401(2) -- Revision - Scope - No order can be passed by revisional Court prejudicial to accused without giving him an opportunity of being heard...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 34, 35 -- Unregistered partition deed - Admissibility - Once a document is admitted in evidence without objection, it is not open either to trial Court itself or to a Court of Appeal or revision to go behind that order - Same cannot be excluded from the purview of consideration...........
Constitution of India, 1950, Article 14, 16, 142 -- Service - Payment of gratuity - Fixation of cut-off date - Challenge - Fixation of cut-off date for extending benefit of gratuity from a different date as compared to revision of pay-scale can neither be said arbitrary nor violative of Arts.14, 16 of Constitution - However, considering that very few retired bank employees..........
