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...counsel for respondents No. 2 & 3, this petition is not maintainable and in any case, there is no illegality or irregularity in the impugned order.4. On the aspect of maintainability of ...for respondents No. 2 & 3 only had appeared who opposed this petition on the preliminary objection of it being not maintainable, as this petition is said to be second revision petition in the ...position, this petition cannot be out rightly thrown out by holding that second revision petition is not maintainable. It is required to be seen whether the impugned order results in miscarriage of...
...dismissed. As regards the maintainability of second revision petition, he submits that provisions of Section 69 of 1961 Act, do not take away his right as the S...membership of a member except the Special Secretary had upheld the order of dismissing his membership. The second revision petition filed against the order dated 25.08.2014 (Annexure P-3) of the J...} election as a member of the Managing Committee nor on the date when he was ceased. Therefore, this revision petition is accepted and the order dated 2.7.2014 of the Deputy Registrar, Cooperative Societies...
...fetching maximum interest of some Nationalised Bank.6. At the outset, Mr. Viney Mittal, learned counsel for the respondents raised the preliminary objection qua the maintainability of this petition u...that maintainability of the petition under section 482 of the Code after dismissal of the first revision petition would depend upon the facts and circumstances of each case and i...petition, which is barred under section 397(3) of the Code. Thus, there is no escape but to conclude that on the facts and circumstances of this case, it cannot be said that this ...
.... S S Dey submitted that this petition under Section 482 of Cr.P.C should not be a recourse to overcome the limitation of non-maintainability of second revision petition. He subm...case of Gorakshanarth Aadiwasi Sevabhavi Sanstha (supra) learned Single Judge has held that such organization has a right to be heard and a right to file a revision petition, if...petitioner's right of hearing and right to file revision petition have been taken away. In the present case, even if the petitioner succeeds in establishing the right to pursue the revision petition, I am ...
...materia provision of the Rajasthan Cooperative Societies Act, 1965, with regard to the maintainability of a second revision petition before the Government, after the Joi...Registrar purportedly in exercise of the revisional powers conferred upon the Registrar, had entertained the “first revision petition”, it has been held that a second revision petition would lie t...has been settled that a second revision petition would lie, though it is not mandated any where in either of the judgments that it shall lie, the question only is if an alternative remedy available, of...
.... The petitioner has now preferred the present second revision which is again not maintainable.3. Notwithstanding the non-maintainability of the second revision ...Anil Dev Singh, J. (Oral)— This is a revision petition directed against the judgment and order of Mr. S.L Bhayana, learned Additional Sessions Judge dated May 9, 1992 whereby the order of...Sessions Judge on November 22, 1993 who will allocate the matter to another Additional Sessions Judge as Mr. S.L Bhayana is stated to be not silting on the criminal side.5. With these observations, the revision ...
...By this criminal misc. petition, a challenge is made to the order dated 5th June, 2014 whereby objection raised by the petitioner regarding maintainability of the second revision ...of Section 397(3) Cr.P.C The court below dismissed the application in ignorance of the fact that the petitioner has preferred second revision petition against same order and...court, I find no error in the impugned order. The second revision petition is maintainable in the facts and circumstances of the case, thus this criminal misc. petition is dismissed. However dismissal...
...submits that of course, he had the objection on the maintainability of the Second Appeal but may not have objection on the maintainability of the revision petition but then, a pr...accordingly. This matter shall now stand disposed of from the register of Second Appeal and shall be reinstituted as a Civil Revision Petition. MC [RSA] No.11 of 2016 also stands disposed ...judgment passed by the Judge District Council Court; rather, per Order 6 of the Order of 2014, only a petition for revision could be maintained against the decision of the Appellate...
...Section 401 of the Cr.P.C for setting aside both the orders.7. While taking up the matter for its admission, an objection on the maintainability of the revision petition itself has ...proposition being laid down and there being a bar on the maintainability of a second revision petition against the same order, we are of the view that even by invoking the provis...of Section 482 or Section 401, the second revision filed against the order of the learned Magistrate is not maintainable.11. Accordingly this criminal petition being...
...Section 401 of the Cr.P.C for setting aside both the orders.7. While taking up the matter for its admission, an objection on the maintainability of the revision petition itself has ...proposition being laid down and there being a bar on the maintainability of a second revision petition against the same order, we are of the view that even by invoking the provis...of Section 482 or Section 401, the second revision filed against the order of the learned Magistrate is not maintainable.11. Accordingly this criminal petition being...
...counsel for the respondent submits that the second revision petition in the garb of Section 482, Cr.P.C is not maintainable since the revision petition filed by the peti.... Ultimately vide order dated 06.12.2011, the evidence of the petitioner-complainant was closed by court order. The said order was challenged by way of criminal revision petition before the court of Sessio...and the said criminal revision petition was also dismissed, hence the present petition under Section 482 of the Code of Criminal Procedure for setting aside the above...
...the maintainability of the second revision petition under the garb of Section 482 Cr. P.C held that there is a specific bar under Section 397(3) Cr.... P.C regarding maintainability of the second revision petition by the same person, therefore, this petition under Section 482 Cr. P.C which has been preferred ...framing the charge against the petitioner.4. The learned Public Prosecutor opposed the petition and submitted that the petitioner has already availed the remedy of revision by filing...
...Magistrate. The said order came to be challenged by the petitioner by way of a revision petition before the learned 2nd Additional Sessions Judge, Jammu and the revision petition came to be dism...
second revision petition by the petitioner before this Court is not maintainable, the same being barred by the provisions contained in Section 397(3) of Cr...instant revision petition against order dated 02.01.2023 passed by the court of learned 2ndAdditional Sessions Judge, Jammu, whereby the revision petition filed by the petitioner against the...
...respondents No. 2 to 5 has raised a preliminary objection regarding maintainability of the petition under Section 482 Cr.P.C According to the learned counsel, the present petition is a ...Jitender Kumar Jain v. State of Delhi and others [1999 SCC (Cr) 77], it was held that “it is true that a second revision petition does not lie before t...M.S.A Siddiqui, J.:— By this petition under Section 482 Cr.P.C, the petitioner seeks quashing of the order dated 11-9-1995 passed by Shri V.P Kandpal...
...the record.
4. At the outset, there is any amount of ambiguity with regard to the maintainability of the second revision by way of Criminal Petition under S...No.1/respondent No.1 filed Criminal Revision Petition No.18/2014 on the file of the Principal District & Sessions Judge, Srikakulam. By an order dated 28.11.2014, the learned Sessions Judge...Cr.P.C. Only in those cases where there is grave miscarriage of justice, an application under Section 482 of Cr.P.C., is maintainable. In other circumstances, second revision is not maintainable...
...Section 397(3), Cr. .P. C. regarding maintainability of the second revision petition by the same person, therefore, this petition under Section 482, Cr...over-come. If that can be permitted then every revision petition, facing the bar of Section 397(3), Cr.P.C. can be presented under Section 482, Cr.P.C...Judge dismissed the revision petition, filed by the petitioner.
2. Shivraj Singh lodged an F.I.R. at Police Station, Sadulsahar, against accused Harkishan Singh, Hans Prakash, Har Chand...
...District Consumer Forum should decide maintainability of second complaint before proceeding further. In view of above revision petition is allowed. The impugned interim order dated 06-02- 2017 pas...Revision Petition No. RP/76/2017
(Arisen out of Order Dated 06/02/2017 in Case No. C/29/2017 of District Lucknow-II)
1. Madhyanchal Vidyut Vitran Nigam Ltd.... JUSTICE A. H. KHAN, PRESIDENT (ORAL)
This is a revision petition filed under Section 17 of the Consumer Protection Act 1986 against order dated 06-02-2017 passed by the...
...keeping this revision pending. However, liberty is granted to the petitioners to canvass the maintainability of the first appeal in the pending second appeals.
6. This civil revision ...has preferred first appeal in A.S.No. 29 of 2019. In the said first appeal, the revision petitioners took out an application questioning the maintainability of the appeal and the same came to be...Petition filed under Article 227 of the Constitution of India praying to set aside the petition and order made in I.A.Sr.No. 413/2020 in A.S.No.29/2019 dated 21.01.2020 on the file of Additional Sub Judge...
...stated that, the sale deed executed by them would not confer any title to the petitioner. The petitioner in his writ petition also seeks the challenge to the maintainability of the second Revision ...Revision Petition before District Revenue Officer, Krishnagiri, who by his order dated 21.07.2006, set aside the order of the Revenue Divisional Officer and restored the order of Tahsildar again on the...ground that, the principles of natural justice has not been followed. This order was challenged by the respondent, in a further Revision Petition before the Principal Secretary and Commissioner of Land...
...societies; it was incumbent upon him to decide the same in accordance with law. Secretary Co-operative societies by issuing letter dated 31.12.2007 (Annexure P-10) returning therewith revision petition filed by the petitioner, has f...stage, it is not understood that on what basis Secretary, Cooperative Societies, concluded that revision petition preferred by the petitioner against the order dated 8.1.2007 passed by Registrar Cooperative Societies, is a ...petitioner, returned the revision petition by stating that it is not maintainable being second revision. Had Secretary, Cooperative Society granted sufficient opportunity of being heard to the petitioner a...