AI Overview...
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Second Revision Not Maintenable in Certain Cases - A second revision is generally not maintainable where the Act has been extended or enforced, especially after repealing specific sections (e.g., Sec. 17). For example, in Bihar Tenants Holdings (Maintenance of Records) Act, 1973, the second revision filed by respondent no. 5 was dismissed after detailed orders were passed (Source: Ram Chandra Ram VS Commissioner, North Chotanagpur - Patna).
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Limitations Based on Proceedings and Jurisdiction - Second revisions may be barred if proceedings are interlocutory or if jurisdictional conditions are not met. For instance, a revision against an interlocutory order was held not maintainable, and territorial jurisdiction issues can also render proceedings non-maintainable (Sources: Rafiuddin s/o Quazi Zainul Abedin VS Saleha Khatoon d/o Yaqub Ali - Bombay, Kalpana VS Asha - Bombay).
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Second Revision Against Same Order or Person - Revisions filed against the same order or person are often dismissed as misconceived. Multiple cases highlight dismissals of second revisions where the petition lacked merit or was repetitive, emphasizing that second revisions are permissible mainly in exceptional circumstances (Sources: Ratan Lal Prasrampuria VS State of Rajasthan - Rajasthan, S. N. Prasad VS State of M. P. - Madhya Pradesh, B. A. SRINIVASA GUPTHA VS STATE OF KARNATAKA - Karnataka).
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Revisions in Criminal Cases - In criminal law, second revision petitions are subject to strict scrutiny. They are dismissed if found to be misconceived or if the order under revision is interlocutory. However, in some cases, second revisions have been allowed if the order's nature warrants it, such as in cases of quashing proceedings or substantial questions of law (Sources: Qumruddin VS Sueba Khatoon - Calcutta, Rafiuddin s/o Quazi Zainul Abedin VS Saleha Khatoon d/o Yaqub Ali - Bombay, Kamadi Bhavani VS Kamadi Lakshmanaswamy Lakshmana Rao - Andhra Pradesh).
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Procedural and Legal Constraints - Courts have consistently held that second revisions are not maintainable against interlocutory orders or where the law explicitly restricts such filings. The law favors finality and prevents multiple revisions on the same matter unless specific provisions permit (Sources: Kalpana VS Asha - Bombay, Kamadi Bhavani VS Kamadi Lakshmanaswamy Lakshmana Rao - Andhra Pradesh).
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Special Cases and Exceptions - Certain cases, like those involving the maintenance of records, trust appeals, or procedural errors like late filing, may allow for a second appeal or revision if the law provides an exception. Nonetheless, these are rare and must be carefully examined (Sources: Rajkumar s/o Pundlikrao Zape VS Shantaram Amrutrao Waghmare - Bombay, Ram Chandra Ram VS Commissioner, North Chotanagpur - Patna).
Analysis and Conclusion
Overall, the main insight is that second revisions are generally not maintainable once a final order has been passed, especially against interlocutory orders or where the law explicitly restricts such filings. Exceptions exist but are limited and context-specific. Courts emphasize procedural correctness and legal finality, making second revisions permissible only under certain conditions and often dismissing them as misconceived or not maintainable when these conditions are not met.
Search Results for "Second Revision Maintenanble"
1985 0 Supreme(Pat) 340 • India - Patna
SANDHAWALIA, S.ROY, A.P.SINHA
, a second Revision is not maintenable where the Act, has been extended or enforced. ... Bihar Tenants Holdings (Maintenance of Records) Act, 1973, Sec. 16 – Revision – Mutation proceedings – After the repeal of sec. 17 ... Respondent no. 5 India Devi, then filed a second revision before the Commissioner, North Chotanagpur Division, which was registered as Mutation Revision no. 14 of 1983. ... By a detailed order of the 2nd of August, 1983 the Commissioner (vide annex....
2007 0 Supreme(Bom) 1339 • India - Bombay
C.L.PANGARKAR
Criminal Procedure Code, 1973 - Section 462 - Lack of territorial jurisdiction - Proceedings - In revision ... A second application under Section 125 of Cr.P.Code may not be maintenable against the same person but when it is filed against the different person, it is so maintenable. Section 125 of Cr.P.C. permits maintenance being claimed from husband, son as well as daughter. ... This is a revision against the order passed by the Judge, Family Court. ... 4. The non-applicant in the petition b....
2012 0 Supreme(Raj) 1538 • India - Rajasthan
NISHA GUPTA
His revision petition was also dismissed. He had sought the quashing of the proceedings. ... It was held that the decision of the lower court was maintenable. The petition was dismissed. ... This misc. petition, by way of second revision, is misconceived and there is no merit in this petition and the same is liable to be dismissed. The misc. petition is, therefore, dismissed.Petition dismissed.******* ... ... ... Case No. 590A/2002 whereby the cognizance has been taken against the petitioner for the offences under S....
2011 0 Supreme(MP) 1146 • India - Madhya Pradesh
RAKESH SAKSENA, M.A.SIDDIQUI
Tiwari in Criminal Revision No. 122/11) are discharged. ... Tiwari in Criminal Revision No. 122/2011 that no conspiracy was hatched by him with other applicants. He being private contractor had given rate 23% above the SOR and he applied for second tender and offered rate 22.75% above the SOR even the rates were less than previous years rates. ... not be called as second lowest bidder as there is no provision for calling second lowest below marked. ... Ultimately the complaint was debarred by takin....
2001 0 Supreme(All) 1126 • India - Allahabad
B.K.RATHI
Revision - Impleadment in Suit - Order 1, Rule 10 C. P. C. - S. 25 Provincial Small Causes Court Act - Chandrika Prasad v. ... The Municipal corporation of Greater Bombay (1992) 2 JT (SC) 116 : (1992 AIR SCW 846 Fact of the Case: The revision ... Final Decision: The present revision was allowed, and the trial Court was directed to order the plaintiff to implead the revisionist ... The Suit was pending in the Court of the Judge, Small Causes Court and the revision was filed against an order passed by him before the Dist....
1975 0 Supreme(Cal) 44 • India - Calcutta
NIKHIL CHANDRA TALUKDAR
The said order was impugned and a Rule was obtained, being Criminal Revision No. 443 of 1972. Mr. Justice A.K. De and Mr. Justice R. ... Bhattacharya, in Criminal Revision No. 443 of 1972 the case along with the divided opinions, was laid before this Bench for appropriate orders under section 439 (1) read with section 429 of the Code of Criminal Procedure. ... 2. ... Sueba was also directed to show came as to why the application under section 488 (5) of the Code of Criminal Procedure filed by the second party should not be allowed. Both t....
2012 0 Supreme(Bom) 1971 • India - Bombay
SHRIHARI P.DAVARE
... Where order impugned under Revision application was interlocutory ... Furthermore, no question of quashing order passed by Additional Sessions Judge as it was interlocutory order and therefore revision ... Besides, there is no question of quashing of the order, dated 20.4.2012 passed by the learned Additional Sessions Judge, Jalgaon, since the said order has been passed rightly observing that the said Revision Petition was not maintenable as the impugned order therein was the interlocutory order. ... of documents by ....
2002 0 Supreme(Kar) 316 • India - Karnataka
S.R.BANNURMATH
Between the pendency of the writ petition, the criminal complaint filed by the respondent came to be dismissed and thereafter the revision ... No. 293/1999 or as held by the various pronouncements or to file second complaint immediately. ... Legality of registration of case for the second time ... CRIMINAL PROCEDURE ... Aggrieved by the same, the complainant preferred Revision Petition No. 293/1999 which came to be rejected and dismissed on 2-5-2000. As such, the second complaint got registered by suppr....
1994 0 Supreme(AP) 144 • India - Andhra Pradesh
B.SUBHASHAN REDDY
(Para 10) ... Result: Criminal Revision Allowed. ... Criminal Procedure Code, 1973 - Section 125 - Maintenance - Second valid marriage for ... operation in first marriage and suppressing the same - Refusal of husband to undergo decimalization operation - No prospect of second ... ... ( 12 ) THE Criminal Revision Case is allowed. Revision allowed. ... ... The husband filed a revision before the court of Sessions in Crl. R. P. ... Though it was the first marriage for the wife, for the ....
2008 0 Supreme(Bom) 312 • India - Bombay
C.L.PANGARKAR
The revision petitioner had submitted a restoration application in his dismissed suit and, therefore, it cannot be treated to be an independent proceeding. ... This second appeal is at the instance of objectors before Assistant Charity Commissioner. ... 3. The facts giving rise to this appeal are as follows - There is a trust known as Bhagaji Maharaj Sansthan at Ruikhed, Tq.Akola, Distt.Akola. ... Therein, after referring to the relevant decision on the question it was held that an appeal presented out of time was nevertheless an appeal in the eye of law ....
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