Indian Penal Code, 1860, Section 498A, 406, 323, 354, 376, 511 -- Offence u/ss 498-A, 406, 323, 354, 376, 511 IPC - Quashing of FIR - Specific allegation levelled against husband, father-in-law and mother-in-law to the effect that they assaulted complainant with fist blows and demanded money from parents of complainant - Petitioners raised question about character of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Delay in filing complaint - Complainant in his complaint specifically narrated circumstance that despite repeated requests to postal department, no acknowledgement of notice was furnished - It was in these circumstances complainant issued a second notice - Complainant indicated adequate and sufficient..........
Criminal Procedure Code, 1973, Section 482, 195, Indian Penal Code, 1860, Section 193, 466, 468, 471 -- Quashing of FIR - Creation of forged documents - Allegation that accused committed forgery by filing false vakalatnama seeking anticipatory bail - Accused admitted their signatures in Vakalatnama - However, mistakenly wrong date and place was mentioned in it with no..........
Criminal Procedure Code, 1973, Section 482, 239 -- Quashing of proceedings - Proceedings quashed as certificate u/s 65-B(4) Evidence Act not produced when charge sheet was filed - Need for production of such a certificate would arise only when electronic record is sought to be produced in evidence at trial - Stage at which High Court sought to apply said provision thus,..........
Indian Penal Code, 1860, Section 406, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Misappropriation of cash and gold jewellery - Charge levelled against applicant with regard to misappropriation of jewellery and gold has not been found substantiated - Even there is no proof of misappropriation of cash - Factum of litigation between..........
Constitution of India, 1950, Article 14, 16 -- Recruitment - Equating two posts - Policy decision - When a conscious decision was taken by UPSC and Government while amending rules and equating two posts after considering pros and cons of matter and considering relevant factors referred to and reproduced, being a policy decision, Tribunal was not justified in quashing and..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegation against father-in-law - Specific allegations against father-in-law supported by complainant and his two witnesses in the evidence is on record - At this stage of summoning of accused, Court cannot pronounce as to..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegation against family members of husband - General allegations of cruelty and dowry demand made against appellants - No specific incident, dates or details of any incident mentioned in complaint - Neither in complaint nor..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Deceased aged 15 years, committed suicide because he was humiliated in presence of his classmate which had a grave mental impact - He shared the same with his friend vide Instagram - FIR discloses commission of a cognizable offence - Police concluded..........
Indian Penal Code, 1860, Section 295A, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 295A IPC - Book published in the year 1980 and FIR registered after a gap of 29 years, i.e. in the year 2009 - In the concluding part of book it is concluded that it is difficult to hold that Maharishi Balmiki was a dacoit - This part of publication..........
