Showing : 501-510 of 1976 Results

RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 382, Criminal Procedure Code, 1973, Section 482-- Hypothecated vehicle - Bank forcibly taking possession - Default in payment of installments - Use of force is not permissible under Hire Purchase agreement and finance company has to follow due process of law to repossess the vehicle - Moreover, whether force was used or not by recovery agents is..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in complaint that in spite of return of notice unserved, it is deemed to have been served or..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Service of demand notice - Quashing of complaint - Validity - High Court quashed complaint on the ground that there was no proof either that notice was served or it was returned unserved/unclaimed - Held, service of notice is a matter of evidence and proof and it would be..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Where after taking into consideration the allegations levelled in FIR no case is made out, High Court can quash FIR while exercising power u/s 482 Cr.P.C - However, High Court must exercise its inherent powers for the purpose of quashing FIR very rarely and not in a routine..........
RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 406, 420, 120B, Criminal Procedure Code, 1973, Section 482-- Agreement to sell - Sale to third person - Non return of advance amount of Rs.Twenty Five lacs - At this stage it cannot be concluded as to whether accused had no intention of cheating the complainant at the time of entering into agreement with them - Factum of intention of accused of cheating the..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 182-- Quashing of complaint - False information - Investigating agency has failed to show that appellant has given information which she was knowing and believing to be false but still gave the information to harass the respondent No.3. - Failure to make out a case u/s 182 IPC - Complaint u/s 182 IPC..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of complaint - A person who has merely filled the cheque is not liable u/s 138 of the Act - As far as drawer of cheque is concerned, no notice u/s 138 of Act issued to her demanding payment of cheque amount - Complaint filed prior to lapse of fifteen days statutory..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482-- Criminal breach of trust - Cheating - Quashing of complaint - Complaint does not disclose any breach of contract nor intention to cheat - Only sale amount was not paid in part - Offence discloses only a civil liability - Held, no offence u/ss 406 & 420 IPC is made out - Prosecution is wholly..........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 498A, 323, 504, Criminal Procedure Code, 1973, Section 482-- Cruelty - Quashing of complaint - Specific allegations against husband and father-i, law - Proceedings against them to continue - However, since there are no specific allegations against Jeth and dewar, as such proceedings against them quashed...........
ALLAHABAD HIGH COURT
Year of decision: 2014
Details
Indian Penal Code, 1860, Section 452, 353, 506, 34, Criminal Procedure Code, 1973, Section 482-- Assault - Quashing of summoning order - Four years after obtaining decree of divorce wife filed a complaint against her husband that he came to her house with his family members and assaulted her - Held, complaint was lodged only to wreck vengeance and seek vendetta by harassing the husband and..........

Showing : 501-510 of 1976 Results