Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Court exercising revisional jurisdiction should be loath in interfering with the findings of Courts below, unless there are glaring illegalities or improprieties committed by such Courts - As regards appreciation of evidence, it is not possible to unsettle findings of Courts below, unless it is shown that there..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance by married daughter and her minor brother - Application for maintenance dismissed and revision there against was filed by married sister alone - Revisional Court exercised suo moto power u/s 399 Cr.P.C to set aside dismissal order passed against minor brother on the ground of locus standi and granted maintenance to..........
Criminal Procedure Code, 1973, Section 397, 372 -- Conversion of revision into appeal - Order of acquittal - Appeal u/s 372 Proviso Cr.P.C can be preferred against judgment of acquittal only if such judgment was passed on or after 31.12.2009 i.e when Proviso to S.372 Cr.P.C has come into force - In the instant case, since offence has been committed prior to 31.12.2009 and..........
Criminal Procedure Code, 1973, Section 356, 401 -- Complaint - Dismissal in default - When said order is challenged in a revision then persons who are arraigned as accused in the complaint have a right to be heard in such a revision petition...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 401, 397 -- Dishonour of cheque - Revision - If there is non consideration of any relevant materials, which would go to the root of the matter or any fundamental violation of the principle of law, then only power of revision is available...........
Criminal Procedure Code, 1973, Section 125, 482, Family Courts Act, 1984, Section 19 -- Maintenance - Order of maintenance passed by Family Court cannot be quashed u/s 482 Cr.P.C. as it is only Revision which lies thereagainst...........
Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Order passed u/s 143-A of N.I. Act - Revision before Sessions Court against such an order is maintainable, as order passed u/s 143-A of N.I Act is intermediate order and not interlocutory order...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389, 397 -- Dishonour of cheque - Revision against conviction - Suspension of sentence during pendency of revision - Hearing of revision is likely to take time - Defects of prosecution as the same may put an adverse effect on hearing of revision - Without passing any comments on niceties..........
Family Courts Act, 1984, Section 19, Criminal Procedure Code, 1973, Section 125 -- Maintenance order by Family Court - Appeal thereagainst does not lie - Such order is amenable to Criminal Revision in High Court u/s 19(4) of Family Courts Act...........
Criminal Procedure Code, 1973, Section 397 -- Acquittal - State filed appeal and accused was convicted and benefit of probation was granted - Complainant never challenged the order of acquittal - Revision petition by complainant for inadequate sentence is neither legal not proper - Revision petition dismissed...........
