Indian Penal Code, 1860, Section 406, 498A, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 406, 498A - Framing of charge - Quashing of order - Application filed by brothers, their wives and sisters of husband of complainant - Accused persons have been allegedly torturing complainant for car in dowry and by calling her `baanjh' for not giving child - As per..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Order for garments - Buyer refused to accept the goods on the premise that the same were defective and substandard - No allegation made in FIR that any misrepresentation was made at the time of formation of contract - Held, that it was a case of civil liability - FIR quashed...........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Medical negligence - Two views by medical experts - One view that there was negligence and another view that there was no negligence - Which opinion would ultimately prevail is essentially a question to be determined by trial Court after evidence is led by both the parties at the trial -..........
Indian Penal Code, 1860, Section 415, 420, Criminal Procedure Code, 1973, Section 482 -- Machine not manufactured as per order - Refusal to return advance - Accused summoned u/ss 417, 420 IPC - - To constitute an offence of cheating complainant is required to show that accused had dishonest intention at the time of making promise - In case accused commits breach of promise..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Summoning order quashed on the premise that the case might have been filed by the complainant to pressurize the petitioners before the High Court not to proceed with the case which was lodged u/ss 304-B, 201/34 r/w S.3 and 4 of Dowry Prohibition Act - Conclusions appears to be based on..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Abuse of process of law - Respondent for reasons best known to her has chosen to file two separate complaints with respect to same document, three years apart - Held, respondent had tried to establish that offences had been committed by petitioners u/ss 403 and 406 IPC as also u/s 73 of the Companies..........
Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint filed as a counter blast to the proceedings initiated u/s 138 of Negotiable Instruments Act - Summoning order u/ss 406/420 IPC - A fabricated letter produced with the plea that entire amount was paid and even on receiving the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B -- Criminal complaint - Quashing of issuance of summons - Offence u/ss 420, 120-B IPC - Allegations regarding non-repayment of loan amount by petitioner - As per evidence on record, act alleged against petitioner not prima facie satisfy ingredients constituting offences - Order of..........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death due to rash and negligent act - Complaint - Quashing thereof - Final report was accepted and protest petition was rejected by Magistrate - Sessions Court directed further investigation - Legality of - Held, parties have compromised and complainant categorically submitted that she..........
Indian Penal Code, 1860, Section 406, 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 320, 482 -- Offence u/ss 406, 498-A, 504, 506 IPC and Ss.3, 4 Dowry Act - Both the parties compromised the matter and settled their dispute - Both obtained divorce by mutual consent - Both the parties decided to live separately -..........
