Criminal Procedure Code, 1973, Section 397, 401, 228 -- Revision - Order framing charge - It is an interlocutory order - Revision against same is not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Document sought to be produced by way of additional evidence may have a bearing relevant for deciding controversy between parties - This document was not in possession of appellant at the time of trial and came to his notice at the stage of pendency of revision petition - Authenticity..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Dismissal of appeal against acquittal - Revisional jurisdiction is to be exercised only in exceptional cases where interest of public justice require interference for correction of a manifest illegality or prevention of gross miscarriage of justice...........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 498A, 406, 363 -- -Revision - Dismissal of appeal against acquittal - Offence u/ss 498-A, 406, 363 IPC - Appeal filed against judgment of acquittal after almost 2 years - No explanation given for such inordinate delay and petitioner was well versed with the progress of case - It is thus not a..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against acquittal - Revisional jurisdiction is to be exercised only in exceptional cases where interest of public justice require interference for correction of manifest illegality or prevention of gross miscarriage of justice...........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 498A, 323 -- Revision against acquittal - Cruelty - Trial Court made sincere endeavour to appreciate evidence which was available on record, while recording its finding favouring accused for extending benefit of doubt - First appellate Court examined entire evidence and concluded in clear and..........
Civil Procedure Code, 1908, Section 115(3)(as -- Revision - Irreparable loss - Mere inconvenience to a party by not consolidating the suit, would not fall within the ambit of irreparable loss - Revisional Court over looked the restriction placed upon it u/s 115(3) CPC by interfering the order rejecting consolidation of suits by Trial Court - Impugned order of allowing..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Revision - Maintainability - Order of eviction on ground of default in payment of rent - As per lease entered between landlord and tenant rent payable for first year was Rs.25000/- and then Rs.28000/- to be paid for remaining period of lease - However, Rent Controller while dealing with suit for eviction..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397(3) -- Dishonour of cheque - Second revision - Remedy u/s 482 Cr.P.C. after availing remedy of revision is available in rarest of rare case - Present not a case where Court is inclined to invoke its inherent power - Petition dismissed...........
Criminal Procedure Code, 1973, Section 401(2) -- Revision - Scope - No order can be passed by revisional Court prejudicial to accused without giving him an opportunity of being heard...........
