Showing : 1-10 of 31 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Fraud-- Proof - To be proved akin to a criminal charge even if plea in this regard is raised in civil proceedings...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), Criminal Procedure Code, 1973, Section 482-- Quashing of charge sheet - Offence u/ss 323, 504 IPC and Ss.3(1)(r), 3(1)(s) of SC/ST Act - Real dispute between parties is of civil and private in nature and criminal prosecution arose incidentally and not as a natural consequence of real occurrence - More so, parties have entered into compromise..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by husband - Wife levelled repeated allegations of adultery against husband - Private Complaint u/s 494 IPC was also filed by wife against husband - However, husband discharged from said charge by trial Court in criminal proceedings - Allegations not found true by..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Medical Council of India Act, 1956-- Error of judgment or an accident is not proof of negligence - So long as doctor follows a practice acceptable to the medical profession of the day, he cannot be held liable for negligence merely because a better alternative course was available - A professional may be held liable for negligence if..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B-- Discharge - Financial fraud - Forged documents - One Time Settlement - Accused got Letters of credits (L.Cs) issued by bank in favour of fictitious companies proposed by them and said companies got the same discounted by attaching their bogus bills - It is not a simple case where accused borrowed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 6, Rule 4-- Plea of fraud - Has to be proved like criminal charge - Sole serving statement carries no substance...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406-- Quashing of charge-sheet - Offence u/s 406 IPC - Business transaction between two companies - Dispute regarding payment of money between them - Informant has also filed civil suit for recovery of amount, but same was dismissed on account of territorial jurisdiction - Applicants are mere employees..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 37, Protection of Women From Domestic Violence Act, 2005, Section 26, Transfer of Property Act, 1882, Section 39-- Injunction - Dispossession and alienation - Wife seeking restraint order against husband - Provisions of Act of 2005 are incorporated in any civil or criminal proceedings - Wife is entitled to a right of protection to remain in the household that was once shared for their joint matrimonial living..........
MADRAS HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 39, 2A-- Interim injunction - Disobedience - Provision of O.39.R.2-A CPC is penal in nature and disobedience mast be proved like a charge in criminal case - Mere allegation of disobedience is not sufficient - Standard of proof required for violation of disregard of an injunction order is that of a criminal..........
CALCUTTA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 336, 120B-- Cheating and criminal breach of trust - Quashing of proceeding - Gist of case made out in civil suit is wholly inconsistent with allegation that defective materials not at all replaced by petitioners as alleged in impugned criminal proceeding - Allegation of no, replacement of defective materials..........

Showing : 1-10 of 31 Results