Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 264 days in filing revision - No reasonable or plausible explanation has been furnished by applicant to condone delay - Application apart from bereft of any specific details/particulars which may reflect bona fide on the part of applicant in pursuing the case, rather reflects a deliberate attempt on the..........
Criminal Procedure Code, 1973, Section 125 -- Order granting maintenance to wife - Revision - Court at the revisional stage had not conclusively determined the rights of parties - If any new fact with regard to the income of parties is brought to the notice of Court below at any subsequent stage, Court would definitely consider it before recording a final conclusion with..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While deciding criminal revision against order passed u/s 125 Cr.P.C or corresponding section under Domestic Violence Act, Court shall take into consideration the present income of husband and wife for determining maintenance payable to wife and children...........
Civil Procedure Code, 1908, Section 115 -- Revision - Objection regarding maintainability of revision is required to be addressed first before proceeding to decide the revision on merits - This not being done, order deciding revision, suffers from patent illegality and irregularity and the same set aside...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Refusal to appoint - Revision - Order does not decide any issue nor does it adjudicate any rights of parties for the purpose of suit - Revision not maintainable against such an order...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Appeal u/s 207 of U.P. Revenue Code - Maintainability - Interim order directing parties to maintain status quo was passed ex parte - Said order would fall U.O.39.Rr.1, 2 CPC - Appeal u/s 207 of U.P. Revenue Code would lie against such an order and revision u/s 210 of said Code is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 148(3) -- Dishonour of cheque - Order passed u/s 148(3) of the Act for release of amount of interim compensation - Revision against such an order is not maintainable, as it is only an interlocutory order and same does not amount to intermediate order...........
Civil Procedure Code, 1908, Section 115 -- Proviso - Revision - High Court can interfere in Revision only in those decisions of trial Court where outcome of order passed ultimately concludes the entire trial itself...........
Civil Procedure Code, 1908, Section 115 -- Revision - Three contingencies when High Court can intervene in an order passed by trial Court are : (a) If the trial court appears to have exercised a jurisdiction that is not legally vested in it; (b) If trial court failed to exercise a jurisdiction that is legally vested in it; (c) If the trial court acted in the exercise of..........
Civil Procedure Code, 1908, Section 115 -- Revision - High Court is empowered to call for record of any case decided by trial Court when no appeal lies to High Court against an order passed by trial Court...........
