Revision application
Revision application legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Provision of S. 115 C.P.C. is a special law and application of S. 5 of Limitation Act, 1908 has been excluded by S. 29(2)(b) of Limitation Act, 1908
Revision application filed beyond period of limitation is liable to be dismissed as time-barred.
Applicants assailed order of Magistrate whereby he took cognizance of the offence despite disposal of case by police under A-Class
Validity
Alternate remedy was available with the applicants to approach the Trial Court either under S.249-A, Cr.P.C. or 265-K, Cr.P.C.
When alternate remedy was available before Trial Court, it was appropriate to avail the said remedy first
High Court directed applicants to approach Trial Court by filing application for premature acquittal
Criminal revision application was disposed of, accordingly.
Respondents had contended that revision application filed by the applicants was liable to be dismissed as no "certified copy of decree" had been annexed with the revision application as required under O.XLI, R.1, C.P.C.
Validity
Contention was devoid of force, for the reason that such requirement was for filing an appeal and not revision
Section 115, C.P.C. only required for furnishing copies of pleadings, documents and order of subordinate court, and there was no mention of copy of decree therein.
"Revision application", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124953015
Precedents & Case Laws citing "Revision application"
2003 M L D 542
MUHAMMAD SIDDIQUE and others‑‑‑Petitioners Versus MUHAMMAD BUX and others‑‑‑Respondents
Court: Karachi1996 P L C 227
ISHAQUDDIN SIDDIQUI Versus Messrs PAKISTAN MACHINE TOOL FACTORY,
Court: Labour Appellate Tribunal Sindh2002 P L C 322
General Manager Versus THE REGISTRAR, TRADE UNIONS and another
Court: Sindh Labour Appellate Tribunal1990 M L D 1062
UMAR KHAN‑‑Petitioner Versus NA S IM RAZA and others‑‑Respondents
Court: Karachi1992 C L C 1904
KARACHI BUILDING CONTROL AUTHORITY‑‑ ‑Applicant Versus MUHAMMAD ARIF QURESHI, ADVOCATE‑‑‑Respondent
Court: Karachi2017 C L C 1379
Syed ABDUL GHANI SHAH — Applicant Versus Syed ALI AKBER SHAH and 4 others — Respondents
Court: Sindh (Sukkur Bench)2015 C L C 141
NAIMATULLAH KHAN through L.Rs. — Applicant Versus ASHFAQ AHMED and 9 others — Respondents
Court: Sindh1975 P Cr
SUNDER DAS Applicant Versus THE STATE AND ANOTHER Respondents
Court: KarachiP L D 1976 Peshawar 123
MUMTAZ ALI (DECEASED) THROUGH LEGAL REPRESENTATIVE — Petitioner Versus THE STATE AND ANOTHER‑Respondents
Court: ‑‑ S. 439 read with S. 417‑Revision against acquittal‑Appeal against acquittal‑Application for moving Provincial Government for filing an appeal against acquittal rejected by District Magistrate-- Revision application in High Court filed within less than five months of acquittal and fifteen days of District Magistrate's order‑Application, held, well within time‑Limitation Act (IX of 1908), Art. 157‑High Court Rules and Orders (Lahore), Vol. V, Chap. I, Part A(b), r. 1‑A. Revision (criminal)‑Appeal against acquittal.2018 P Cr
VIJAY KUMAR — Applicant Versus The STATE — Respondent
Court: Sindh (Hyderabad Bench)