Family Courts Act, 1984, Section 19(4), Criminal Procedure Code, 1973, Section 125 -- Maintenance petition u/s 125 Cr.P.C. - Refusal to grant interim maintenance - Writ petition thereagainst - Order refusing to grant interim maintenance cannot be treated as interlocutory order - Criminal revision can be preferred thereagainst - Liberty granted to convert writ petition into..........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Maintainability - Appeal filed against order of conviction rendered by Sessions Judge in exercise of its appellate powers - Held, appeal not maintainable - Only revision lies against order of conviction passed by Sessions Judge in appeal...........
Criminal Procedure Code, 1973, Section 397, 401 -- Order of acquittal - Revision - Held, High Court or the Sessions Court in revisional jurisdiction will not have a right to convert an order of acquittal into a conviction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque Petition u/s 482 Cr.P.C. - Bifurcated territorial jurisdiction of High Court - Order passed by a Court falling within the functionally bifurcated territorial jurisdiction of Principal seat - Order can be challenged by maintaining appeal, revision or..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 397 -- Charge - Revision against framing charge u/s 420 IPC - Accused bargaining of gold pertaining to some pieces of yellow alloy stating it to be gold - Ingredients of cheating well available in the case - At this stage it cannot be stated that no offence is committed by the accused on the face..........
Civil Procedure Code, 1908, Order 8, Rule 1, 5 -- Written statement - Filling of - Striking off defence after filing of written statement - Legality of - Held, provision of O.8.R.1 CPC is not mandatory but is directory only - Discretion has to be exercised judiciously and for that purpose it has to be seen before passing an order whether it could cause hardship to..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 468, 473 -- Cruelty - Last incident of cruelty and torture occurred in the year 1994 and thereafter never lived with the revisionist - Cognizance of offence taken in 2005 - No order passed by Magistrate u/s 473 Cr.P.C. whereby he condoned the delay - Order taking cognizance is barred by principle..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Maintainability - Complaint filed by State against minister for offence indictable under Prevention of Corruption Act - Accused discharged - Neither state nor de facto complainant filed any revision - Held, revision by third party is not maintainable - If third party permitted to file revision, it will amount to..........
Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 401 -- Revision - Condonation of delay - Court should be lenient in deciding application for condonation of delay filed by accused - If application is filed by third party or complainant, no leniency need be shown...........
Criminal Procedure Code, 1973, Section 482, 245, 313 -- Quashing of order - Accused preferred revision against impugned order without informing trial Court - In meantime, prosecution produced and examined almost all witnesses who were cross examined - Fact of pendency of revision concealed - Stay of criminal prosecution pending before trial Magistrate was never sought - In..........
