Medical Education -- Application for grant of permission filed after date provided in schedule - Application rejected by MCI - Quashing of such order by High Court held, not proper...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Offence u/s 125 of Representation of People Act - Police found a prima facie case against accused and charge sheet submitted in Court - Whether charge ultimately can be substantiated or not, cannot be looked into at this stage as that would be a subject matter of trial - No interference..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of FIR - Settlement between parties - Daughter of complainant committed suicide due to personal reasons - Dispute between parties due to some misunderstanding - Complainant executed affidavit-cum-undertaking that after enquiries she has come to know that..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Allegations in FIR clearly refer malafide intention on part of petitioner - Even, when he was fully aware that he has closed his account, then why he has issued cheque - Hence, mens rea was..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Extra-judicial confession of co-accused - Quashing of charge - Charges cannot be quashed merely because it has framed on the basis of extra-judicial confession of co-accused - At the stage of framing charges, Court need not to hold that evidence is of such nature which would be sufficient to lead conviction,..........
Constitution of India, 1950, Article 226 -- Appeal - Appellate Bench in an intra-court appeal arising from a petition u/Art.226 of Constitution quashed order of termination of contract - Challenge as to - Disputes relating to contracts cannot be agitated u/Art. 226 of Constitution and writ Court is not a proper forum to adjudicate upon such disputes - Appellate Bench..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Matrimonial Dispute - Misconduct - Quashing of FIR - Complainant has not been found to be bonafide litigant as after entering into compromise and receiving the amount of permanent alimony, she turned dishonest and had been avoiding her appearance - She..........
Indian Penal Code, 1860, Section 363, 366, 506, Criminal Procedure Code, 1973, Section 482 -- Kidnapping - Quashing of FIR - Victim was minor on the date of commission of offence - It cannot be said that no cognizable offence is made out if allegations in FIR are taken to be true - Moreover, victim before Court below expressed her desire to go with her father which belies..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Quashing of complaint - When there was an allegation to the effect that Directors were involved in day-to-day business of company, High Court ought not to have quashed the proceedings against such Directors - Moreso, notice issued to company was refused..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of proceedings - Proceedings cannot be quashed on the ground that alleged act of accused falls within exception to S.499 IPC without there being any evidence on record...........
