Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Inspection of building - Revisional stage - Application dismissed as tenant had sufficient opportunities of leading evidence before authorities below, but he failed to do so - Even otherwise, Revision Court would not come to aid of party for collecting evidence - Application dismissed...........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 20, Rule 5 -- Suit time barred against some of defendants - Pronouncement of judgment - Court ought to have entered a finding that suit is not maintainable against some of defendants and accordingly pronounced a judgment and passed a decree - Passing of an order that defendants were..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(5) -- Dishonour of cheque - Revision against acquittal - S.401(5) Cr.P.C. permits High Court on its satisfaction about interest of justice to treat the application of revision as petition of appeal and deal the same accordingly - Any appeal against an order of acquittal is permissible..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC with permission of Court - Prayer for revocation of permission - Question as to whether Trust in question is a private Trust or charitable Trust - It is always open to defendant to take objection in this regard - Said issue should not be decided as preliminary issue, as nature of Trust can only be determined after..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 465 -- Sanction for prosecution - Validity - Challenge to validity of order of sanction or validity of proceedings cannot be interfered by appellate or revision Court simply because there was some omission, error or irregularity in the order sanctioning prosecution, unless it finds that..........
Criminal Procedure Code, 1973, Section 401, 232 -- Revision - Maintainability - Order of acquittal - Trial Court passed order u/s.232 Cr.P.C. on ground of absence of prosecution witnesses without actually finding out whether summons had really been served and warrants had been executed - Upon perusal of record by High Court it is found that notices were not served upon..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 103 -- Execution - Third party objections - Third party apprehending dispossession can file objections U.O.21.R.97(1) CPC - Adjudication of claim by Executing Court will be treated as a decree which is appealable - Revision filed against order deciding objections, held, not maintainable...........
Criminal Procedure Code, 1973, Section 156(3) -- Order of Revisional Court to decide the application afresh - Revision thereagainst - Not maintainable...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Power of High Court - Inherent as well as revisional jurisdiction should be exercised cautiously - Normally, revisional jurisdiction should be exercised on a question of law - However, when factual appreciation is involved, then it must find place in the class of cases resulting in a perverse finding...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Revision against conviction - Accused convicted and sentenced to undergo R.I. for period of 6 months and compensation of Rs.2,30,000/- and in default of payment of compensation to further undergo R.I. for one month - Since entire payment of cheque has been..........
