West Bengal Premises Tenancy Act, 1997, Section 7(1), 7(2), 7(3) -- Review - Tenant deposited rent with Rent Controller instead of depositing the same with Civil Judge - Trial Court while deciding application u/s 7(2) filed by tenant directed tenant to deposit remaining rent within one month from the said order before the Court where suit is pending - Review application..........
Consumer Protection Act, 1986, Section 12 -- Revision - Delay - Condonation - Explanation - Delay of 230 days in filing revision explained by bank that bank had to seek permission to file revision as matter had to be processed at various levels - Cannot be said not sufficiently explained for the purpose of condonation of delay - Delay condoned...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of appeal - Permissibility - Amendment of pleadings is permissible but memo of appeal does not fall within the meaning of pleadings in view of O.6.R.1 CPC which provides for plaint and written statement only to be part of pleadings - Application for conversion of appeal into revision cannot be treated as an..........
Civil Procedure Code, 1908, Section 151 -- Conversion of appeal into revision - Suit u/s 6 of Specific Relief Act - S.6(3) of Specific Relief Act bars appeal - Plaintiff applied for conversion of appeal into revision, which stands rejected - Court in exercise of inherent jurisdiction has full authority of law and discretion to covert an appeal into a revision or vice-versa..........
Criminal Procedure Code, 1973, Section 482 -- Application u/s 482 Cr.P.C. - Maintainability of revision cannot be a bar for entertaining an application u/s 482 Cr.P.C. - State not able to show as to how the impugned orders were revisable - The only alternative remedy available is to challenge the impugned order u/s 482 Cr.P.C...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Disproportionate assets - Quashing of proceedings - Income tax Commissioner and his family members were named in the final report u/s 173 Cr.P.C. - Matter investigated and charge-sheet submitted - Proceedings cannot be quashed on the ground that assets were declared..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of witness - Power of attorney can adduce evidence on facts relating to issuance of cheque, dishonour, issuance of notice and filing of complaint and these facts can be deposed with documents - However, he cannot depose to whatever has transpired..........
Constitution of India, 1950, Article 16, 309, 226, 14, Madhya Pradesh Revision of Pay Rules, 1990, Rule 1 -- Revision of pay scale - Denial of benefit of `Kramonnati scheme' to teacher on ground that they had already enjoyed revision of pay scale under Rules - Sanctioning of second scheme for teachers w.e.f. same date as first scheme - Government granting benefit to..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 13, Rule 1, 2, 3, 7 -- Production and marking of documents - Law as to - (1) A list of documents should be filed along with the plaint or written statement and if the parties want to file document subsequently, they have to take leave of the Court; (2) The documents, which are marked, does not..........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Meaning - Victim is an aggrieved person not only in a crime, but also in an investigation, enquiry, trial, appeal, revision, review and also the proceedings by which the inherent powers of High Court u/s 482, Cr.P.C. are invoked...........
