Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500, 34 -- Defamation - Publication of defamatory article in newspaper - No positive averments in complaint about petitioners having prior knowledge of publication or petitioners being directly responsible for publication of said imputation - No presumption u/s 7 of Press and Registration of Books..........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 482 -- Criminal breach of trust - Transfer of employee - Non handing over charge of godown - Sale and stock register of godown handed over by applicant to the godown incharge - List of goods stock already prepared and charge of godown handed over to Incharge of godown - Subsequent developments..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Infringement of copyright - Accused contended that Chief Editor, Executive Editor & Managing Editor of a publication cannot be liable for infringement of Copyright as they are not directly involved in publication of periodical - Contention rejected as disputed photograph was published as cover page of..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, Prevention of Food Adulteration Rules, 1955, Rule 37, Criminal Procedure Code, 1973, Section 482 -- False or misleading statement on Label - Quashing of summoning order - Use of words `dream of healthy India' on the packets of NOVA Dairy Mix Skimmed milk powder - Neither in the complaint nor in the public Analyst..........
Indian Penal Code, 1860, Section 323, 504, 506, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Accused persons alleged to have used caste remarks, caused insult to informant and threatened him with dire consequences - Offences punishable..........
Criminal Procedure Code, 1973, Section 389, 482 -- Suspension of sentence during pendency of appeal - Rejection of application on the ground that accused remained absence for three to four times during course of trial - Reasons for absence not considered - Accused already suffered half of sentence during trial - Held, it is always open for appellate court to impose..........
Indian Penal Code, 1860, Section 504, 506, 353, Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Accused alleged to have abused public servant and threatened him with dire consequences - FIR and documents revealed that offences u/s.504, 506 prima facie made out against accused - However, accused allegedly did not assault or use criminal force..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 425, 426, 427 -- Quashing of charge sheet - Mischief - Allegation in FIR that contrary to the directions issued by Election Commission, slogans etc. written on walls not eradicated or scraped by applicant - Allegations contained in the First Information Report or in the statement of first..........
Criminal Procedure Code, 1973, Section 133, 138, 482 -- Removal of nuisance - Quashing of proceedings - District Magistrate gave certain guidelines to prevent causation of pollution from industrial units and abate nuisance to general public - Said order not satisfying essential requirements of final order u/s.138 Cr.P.C. - Held, District Magistrate is thus bound to proceed..........
Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of proceedings - Complaint against brother of husband and his wife - Complaint was filed in 2012 whereas complainant and her husband had left the husband's parental home in 2005 and lived separately - Domestic incident report filed by..........
