Civil Procedure Code, 1908, Section 115, 96, 105 -- Suit barred by limitation - Dismissal of - Revision - Maintainability - Held, dismissal of suit as barred by limitation is final as the adjudication on ground of limitation will have effect of finally disposing of suit, against which, an appeal lies u/s 96 of CPC - Deciding issue of limitation as preliminary issue and..........
Civil Procedure Code, 1908, Order 21, Rule 6 -- Execution proceedings - Order of attachment of property of Guarantor/Petitioner - Plea taken by him that his property was being auctioned wrongly as there was no justification to do the same since property of principal debtor was sufficient to satisfy the decree - Held, liability of guarantor and principal debtor are..........
Criminal Procedure Code, 1973, Section 125(1) -- (As amended by Amendment Act 50 of 2001) - Hindu Marriage Act, 1955, S.24 - Interim maintenance u/s 24 the HM Act and S.125 Cr.P.C. - Nature of proceedings - Held, when once main proceedings are disposed of awarding of interim maintenance u/s 24 of HM Act will cease to have any effect except for recovery of any arrears of..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Grounds on which revisional power u/s 397 Cr.P.C. can be exercised - Held, (a) where finding, sentence or order is illegal or improper and (b) where proceedings are irregular...........
Criminal Procedure Code, 1973, Section 245,401 -- Discharge - Revision - Nine accused persons charged u/ss 406, 511 r/w S.34 IPC - All accused persons moved application for discharge u/s 245(2) of CrPC - By impugned order Magistrate discharged seven accused persons - Remaining two accused persons challenged order of Magistrate by filing revision petition - Held, own..........
Consumer Protection Act, 1986, Section 21(b), 27 -- Execution of order - Revision against - No relief was sought by the Respondent for refund of the development charges - Petitioner had only asked for the refund of the security deposit of Rs.20,100 along with interest which has already been refunded to the respondent - Fora below have erred in directing the petitioner to..........
Consumer Protection Act, 1986, Section 21(b), 27 -- Execution of order - Revision against - No relief was sought by the Respondent for refund of the development charges - Petitioner had only asked for the refund of the security deposit of Rs. 20,100 along with interest which has already been refunded to the respondent - Fora below have erred in directing the petitioner to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof of - In addition to the insufficiency of funds, to return the cheque, bank had stated that the `signature differ' - Execution is also in dispute - Opportunity to cross-examine complainant was not given to accused - Held, prejudice was caused to the revision petitioner because of denial of..........
Consumer Protection Act, 1986, Section 2(1)(f), 14(1)(d), 21(b) -- Harvester combine - Defective engine - Compensation - Enhancement of compensation - Respondent has not preferred any revision petition against the order of State Commission - The order has attained finality so far as the respondent is concerned - The allegation that respondent supplied second - hand engines..........
Consumer Protection Act, 1986, Section 2(1)(f), 14(1)(d), 21(b) -- Harvester combine - Defective engine - Compensation - Enhancement of compensation - Respondent has not preferred any revision petition against the order of State Commission - The order has attained finality so far as the respondent is concerned - The allegation that respondent supplied second - hand engines..........
