Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Trial Court dismissed application - Appellate Court set aside exparte decree - High Court in revision set aside the order of appellate Court and restored the exparte decree - Held, High Court in revision can interfere only when order of appellate Court is perverse and arbitrary - No such..........
Criminal Procedure Code, 1973, Section 145, 146 -- Order passed u/s 146(1) Cr.P.C. - Order is an interlocutory order which is temporary in nature - Revision against the same is not maintainable...........
Criminal Procedure Code, 1973, Section 145, 146, 397, 482 -- Order passed u/s 146(1) Cr.P.C. - Order set aside in revision - Revision against - Held, revision against an order which is temporary in nature is not maintainable - Revision treated as a petition u/s 482 Cr.P.C. and order passed by Additional Sessions Judge set aside...........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 376, 417 -- Charge - Revision thereagainst - Petitioner/accused alleged to have committed sexual intercourse with prosecutrix on false promise of marriage - Question whether representation by petitioner was false to the knowledge of petitioner or not at the time when it was made - Held, said..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Possession delivered in execution of decree - High Court in revision passed an interim order directing D.H. to redeliver possession to J.D. - As possession is delivered in execution of decree as such there is no question to pass interim mandatory injunction directing D.H. to redeliver..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Once dismissed then State or complainant cannot ask for revision of judgment - Similarly in a complaint case when leave to appeal against acquittal is refused, even the State Government would be unable to pursue any appeal against the impugned judgment of acquittal...........
Criminal Procedure Code, 1973, Section 378 -- Revision against acquittal - Scope - Analysed...........
Criminal Procedure Code, 1973, Section 305 -- Trial - Appointment of representative - Permissibility of - Plea of petitioners that they being Managing Director and Director of company also can invoke provisions of S.305 of the Code and pray for appointment of representative for themselves in order to represent them before trial court during course of trial - Held, plea..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 417, Criminal Procedure Code, 1973, Section 216 -- Revision against conviction u/s 417 IPC - Offence found to be committed u/s 138 Negotiable Instruments Act - Offence u/s 417 IPC altered and accused held guilty u/s 138 NI Act - Keeping in view the long continuation of proceedings accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(2) -- Dishonour of cheque - Conviction - Revision against - Death of accused during pendency of revision - Revision does not abate - Revisional court to modify sentence imposed against accused by courts below as might be warranted to advance ends of justice...........
