East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Eviction proceedings - Defects in pleadings - Rectification of - Held, if there is any defect in pleadings of landlord with regard to ground of eviction, same is not fatal to petition and same can be rectified immediately on raising such an objection - In present case, petitioner/tenant raised an..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed for default - Suit fixed for Sunday - Taken up on the next working day - Suit dismissed in default - Case when taken on next working day should have been fixed for particular date and notices should have been issued to the parties or their counsel - Absence was not intentional - Impugned order..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against order taking cognizance - Revision must, at first instance, be filed before Court of Session, except in rare and special circumstances - By doing this, party seeking order from magistrate will get double remedy, firstly, he may approach Court of Session in revision & then if legally permissible u/s 482..........
Clean hands -- Tenant has not come to Court in Revision with clean hands as he is in arrears of rent for the last many years...........
Civil Procedure Code, 1908, Section 96, 2(2) -- Sale deed challenged - Failure of plaintiff to pay ad valorem court fee as per court direction - Rejection of plaint - Comes within definition of decree as defined in S.2(2) CPC - It is appeal and not revision which lies - Petition dismissed...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was in public employment which was to be stable employment for a period of another seven years - There could have been revision of wages and promotional benefits - 30% should be added as future prospects of income - That much amount to be taken as monthly income of deceased for the purpose of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction - Revision - Maintainability - Held, revision filed after stipulated date to make payment of provisionally assessed rent and after earning penalty of automatic eviction is not maintainable...........
Delhi Rent Control Act, 1958, Section 25B -- Eviction - Revision - Held, Revisional Court can interfere with decision of Rent Controller if same is not passed according to law - Expression `according to law' includes jurisdictional errors or acting contrary to bounds of provisions of the Act or acting contrary to permissible scope of enquiry for deciding proceedings or..........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Interlocutory order - Order issuing standing warrant of arrest - Held, it is an interlocutory order - No revision lies against it...........
Constitution of India, 1950, Article 227 -- Supervisory jurisdiction - Exercise of - Held, power u/Art.227 is merely a revisional jurisdiction and does not confer an unlimited authority or prerogative to correct all orders or wrong decisions made within limits of jurisdiction of Courts below - Where special legislation does not provide for second appeal or revision,..........
