Criminal Procedure Code, 1973, Section 401, 397(3), 482 -- Object of S.397(3) is to put a bar on simultaneous revision applications to High Court and Sessions Court so as to prevent unnecessary delay and multiplicity of proceedings - However, State is not prohibited to avail revisional power of High Court under S.397(1) read with S.401 - High Court has suo motu power under..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Second revision petition - Held, second revision petition is maintainable only when there is grave error of law and there has been substantial injustice...........
Civil Procedure Code, 1908, Section 115, Criminal Procedure Code, 1973, Section 340, 341 -- Proceedings are criminal in nature though initiated in Civil or Revenue Court - Order passed by trial Court or the appellate Court u/s 341 of the code - No revision u/s 115 CPC lies to the High Court...........
Criminal Procedure Code, 1973, Section 340, 195 -- Offence when committed - Court may after such preliminary enquiry, if any, as it thinks necessary, record a finding and to complain in writing and send it to a Magistrate of the First Class having jurisdiction - The question whether action should be taken or not is a matter primarily within the domain of the Court in which..........
Criminal Procedure Code, 1973, Section 340, 397, 482 -- Judgment of appellate Court against order passed u/s 340 Cr.P.C. by trial Court - Revision against - Lies u/s 482 Cr.P.C. and not u/s 397 Cr.P.C...........
Criminal Procedure Code, 1973, Section 389(1), 482 -- Conviction and sentence - Suspension during appeal or revision Exercise of discretion - Held, the discretiona-ry powers should rot be exercised in trival matters - Held, in view of the facts of the instant case, the discretionary power to suspend the conviction should not have been exercised - Order suspending the..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Defaulter - Securing presence of - Question about procedure to be followed and power of Presidents of District Forums to pass orders issuing warrants for securing presence of defaulters.
Held, neither the Act nor the rules framed by the State Government provides for any specific procedure to be followed in the..........
Criminal Procedure Code, 1973, Section 125, 401 -- Recording of deposition -Wrong recording - Word `Not' alleged to be omitted - Held, defect should have been raised in trial Court or to have been specifically challenged in revision petition...........
Civil Procedure Code, 1908, Section 115 -- Maintenance order u/s.125 Cr.P.C. - Revision against u/s.115 CPC - Not maintainable - Held, Revisional power of High Court u/s.115 CPC is confined to subordinate civil Courts and cannot be extended to subordinate criminal Courts...........
Criminal Procedure Code, 1973, Section 125, 391(1), 401(1) -- Revision - Sessions Court is empowered to accept additional evidence if the same is necessary and this can be done after recording the reasons for taking such evidence on record...........
