Constitution of India, 1950, Article 32, 161, 14, 21, High Court of Jharkhand Rules, 2001, Rule 159, Criminal Procedure Code, 1973, Section 397, 401 -- Revision against conviction and sentence - Constitutional validity of - Generally a revision against conviction and sentence is filed after an appeal is dismissed and the convicted person is taken into custody in Court..........
Constitution of India, 1950, Article 32, 161, High Court of Jharkhand Rules, 2001, Rule 159 -- Revision against conviction and sentence - Constitutional validity - Whether the Rule violated Art.161 of Constitution conferring power on Governor to suspend the sentence - Rule only crystallized the pre-existing practice of this Court and the High Courts - Power of the Governor..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Eviction - Revision petitioner were required to file an affidavit stating ground on which he seeks to contest eviction application - Tenant have not come up with any legal or factual plea to make out a ground to allow leave to defend - Held, Tenant liable to be evicted...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside an exparte decree - Petitioner had adequate knowledge about pendency of litigation but failed to appear - Petitioner chose to file setting aside the ex parte proceedings after 8 years when revision was decided against them - Petition dismissed...........
Central Excise and Salt Act, 1944, Section 9, 9AA -- Offence - It is found by collector central excise, that respondents are partners had evaded central excise duty on good found short and on processed man made fabrics which have been removed clandestinely on private bills/record - Held, second revision is not maintainable...........
Andhra Pradesh (Telangana Area) Land Revenue Act, 1317F, Section 166B -- Revision - Suo motu revisional powers exercised after 50 years of fraudulent revenue entries made - Government allowed disputed land for housing sites in year 1991 and issued notice regarding fraudulent entry as late as in year 2004 - Suo motu revision after long lapse of time even in absence of any..........
Consumer Protection Act, 1986, Section 23, Limitation Act, 1963, Section 5 -- Appeal - National Commission dismissed revision petition on the ground of delay of 139 days without examining the sufficient and good cause shown in the application for condonation of delay - Order of National Commission set aside - Case remitted to be examined on merits by National Commission -..........
Indian Penal Code, 1860, Section 415, 417, Criminal Procedure Code, 1973, Section 401 -- Cheating - Revision - Acquittal of accused - Validity - FIR lodged by complainant stating complainant gave an amount to accused for purchasing land - No documentary or Negotiable Instrument to show payment to accused - No document to show amount had been withdrawn from bank - No sale..........
Service -- Grant of arrears of revised pay scale - Validity - Revision of pay scale of accountants was kept in abeyance when other categories of employees were granted benefit of revised pay scales - No mention of any financial constrains or financial crunch being faced by Federation - Assertions made relate to losses later year, which cannot be taken into consideration..........
Service -- Voluntary Retirement Scheme - Effect - Employees who had opted under the Scheme and retired from service were entitled only to revision of ex gratia amount upon retrospective increase in salary - Benefit was given only in relation to ex gratia amount and not in relation to pension...........
