Indian Penal Code, 1860, Section 326 -- Grievous hurt - Plea that accused is mentally challenged person - Said plea neither taken during trial nor before appellate Court - Burden of proving this fact lies on accused - Plea directly raised before High Court is not acceptable, particularly, when revision against conviction is preferred by accused himself and not through next..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Application u/s 156(3) Cr.P.C. - Order allowing or dismissing application - Order is not interlocutory order - Revision against such order is not maintainable...........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Term `interlocutory order' in S.397(2) Cr.P.C., denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or liabilities of parties...........
Stamp Act, 1899, Section 47A -- Lease deed - Recovery of maintenance charges - Cannot be initiated u/s 47-A of the Act, as Art.35(c)(ii) Sch.1-B of U.P. Stamp Act does not mention any charge relating to maintenance of property in question - Impugned order of recovery of maintenance charges, held, beyond purview of S.47-A of the Act and are without jurisdiction, therefore,..........
Limitation Act, 1963, Section 5, 29(2), Assam Value Added Tax Act, 2003, Section 81, 84 -- Revision petition filed in High Court u/s 81 of the Act - Condonation of delay - Provision of S.5 of the Act is not applicable to proceedings u/s 81 of 2003 Act by virtue of language employed in S.84 of 2003 Act...........
Criminal Procedure Code, 1973, Section 397, 207 -- Revision - Maintainability - Order rejecting application for supplying copy of charge sheet u/s 207 Cr.P.C. - Said order is not deciding anything finally and may be termed as interlocutory order - Revision against said order is not maintainable...........
Chhattisgarh Municipalities Act, 1961, Section 26(2), Chhattisgarh Municipalities (Election Petition) Rules, 1962, Rule 196(2) -- Election petition - Revision - Requirement of deposit of Rs.250/- as security cost at time of filing of revision - Is mandatory - Even, Court can dismiss the revision petition for no, depositing the said amount and moreover, Court has no..........
Chhattisgarh Municipalities Act, 1961, Section 26(2), Chhattisgarh Municipalities (Election Petition) Rules, 1962, Rule 196(2) -- Election petition - Revision - Non-compliance of making security deposit at the time of presenting revision petition - Revision petition liable to be dismissed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Order deciding objections filed u/s 47 CPC is not appealable - Remedy lies in filing revision...........
Criminal Procedure Code, 1973, Section 397(2), 311 -- Revision - Order allowing application u/s 311 Cr.P.C. - It is an interlocutory order - Revision against same is not maintainable - Petition challenging the validity of interlocutory order lies before Court u/s 482 Cr.P.C...........
