Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Compromise between parties during pendency of revision - Complainant received all the amount from accused and does not want to proceed in the matter - Conviction and sentence set aside...........
Criminal Procedure Code, 1973, Section 238, 239, 241, Indian Penal Code, 1860, Section 454, 380, 34 -- Conviction on plea of guilt - Non-compliance of provisions of Ss.239, 240 Cr.P.C - Offence u/ss 454, 380, 34 IPC - Procedures prescribed by Ss.239, 240 Cr.P.C i.e consideration by Magistrate of police report and matter submitted before it and an opinion formed that charge..........
Civil Procedure Code, 1908, Section 115 -- Revision - Maintainability - Stay of operation of order granted during pendency of restoration application - Petitioner has a remedy to file stay vacation application or to pursue restoration application for decision expeditiously - Revision against such an order is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - High Court in its revisional jurisdiction proceeded to decide the complaint itself on merits and convicted accused without deciding the question as to whether Appellate Court was justified in remanding case to Magistrate - High Court committed jurisdictional error in allowing revision - More so,..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(b), Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil suit for declaration challenging legality of order passed by Prescribed Authority under 1972 Act is clearly barred by S.26(b) of 1972 Act - Remedy of plaintiffs in such case lies in filing appeal/revision u/s 18 of the Act...........
Criminal Procedure Code, 1973, Section 401 -- Revision against conviction - High Court dismissed revision without assigning any reason - High Court failed to apply its judicial mind to factual and legal aspects arising in case - Order of High Court set aside - Matter remitted back to High Court...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(b), Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil suit for declaration challenging legality of order passed by Prescribed Authority under 1972 Act is clearly barred by S.26(b) of 1972 Act - Remedy of plaintiffs in such case lies in filing appeal/revision u/s 18 of the Act...........
Central Civil Service (CCA) Rules, 1965, Rule 11, 7 - - Revised pay scale - Fixation of pay - Promotion to post of Trained Graduate Teacher - Respondent was granted upgraded pay scale of ACP under Assured Career Progression Scheme w.e.f 10.8.2006 - He opted for revision of pay from that date - Pay of respondent thus, has to be fixed u/r 11 of Rules 2008, which deals with..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Against order of Magistrate u/s 156(3) Cr.P.C. - Not maintainable...........
Criminal Procedure Code, 1973, Section 482, 397(3) -- Quashing of order - Order taking cognizance of offences and starting evidence of petitioner passed by Magistrate - Petitioner challenged the order by way of revision petition before Court of Session - After dismissal of the same, petitioner challenged the correctness, legality and propriety of said u/s 482 Cr.P.C. -..........
