Haryana Urban Development Authority Act, 1977, Section 17, 42 -- Resumption of site - Deposit of 25% price of plot - Failure to deposit the balance within time - Order to resume plot - Appeal allowed subject to pay balance amount within 15 days which was deposited by the petitioner - Despite deposit, HUDA filed revision on ground that appeal was time barred - Revision..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision - Reduction in sentence - Petitioner is facing criminal proceedings since the year 1992 and has already undergone about 4 months of actual sentence - Petitioner has been involved in number of cases by complainant and in some cases..........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Section 115 -- Revision u/s 115 CPC or petition u/art.227 of Constitution - Powers of High Court u/s 115 CPC and u/art.227 of Constitution are quite different and not inter-changeable - When there is remedy available u/s 115 CPC, then the Court should not exercise its power u/art.227 of unless it is an..........
Consumer Protection Act, 1986, Section 21(1)(b) -- Speaking order - Revision before National Consumer Commission against the order of State Consumer Commission - National Commission dismissed the revision holding that there is no force in it in view of the concurrent findings of the State Commission - No reasons assigned by the National Commission while affirming the order..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision against - Compounding of offence - Accused paid cheque amount to complainant and also deposited fine imposed by trial court as per trial court order - Additional sum of 15% of the cheque amount imposed by way of cost which not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(3), 482 -- Second revision petition in the guise of S.482 Cr.P.C. is not maintainable when petitioner already filed revision u/s 397(3) Cr.P.C. before the revisional Court...........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revisional jurisdiction - When both Rent Controller and appellate authority disallowed petition of landlord seeking eviction on ground of bona fide requirement - In revision, it was contended by tenant that the court cannot disturb concurrent finding of fact of bona fide need as recorded by both the courts..........
Industrial Disputes Act, 1947, Section 10, Punjab Cooperative Societies Act, 1961, Section 55 -- Alternative remedy - Reference - Jurisdictional bar - Res judicata - Plea that after exhausting the remedy under Rules, 1986 there was no occasion for the respondent - workman to seek reference u/s 10 of the ID Act repelled - Held that u/s 55 of the 1961 Act no dispute..........
Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Allegations of fraud and forgery - Trial discussed threadbare both oral as well as documentary evidence and recorded judgment of conviction - Appellate Court, without discussing correctness and propriety of evidence, brushed aside the evidence of Handwriting Expert and that of bank officials and..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Dismissal in default - Held, without giving reasons and considering merits of the revision, revision petition cannot be dismissed - Impugned order set aside - Case remanded - Revisional Court to decide the revision petition on merits...........
