Industrial Disputes Act, 1947, Section 10 -- Reference - Refusal to refer dispute by Deputy Commissioner of Labour (DCL) - Dispute as to voluntary retirement of employees of respondent company after taking over company by appellant - High Court quashed said refusal as disputed questions of fact and law could not be decided by alleged delegatee of State Government in..........
Indian Penal Code, 1860, Section 290, 323, 34 -- Offence u/ss 290, 323, 34 - Quashing of proceedings - Charge sheet filed by police u/ss 290, 324 IPC - Accused did not use any instrument or other substance to cause injuries suffered by victim - At the very first instance, police ought to have treated the report as a non cognizable case and ought to have followed the..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheating - Complaint u/s 138 of the Act and separate complaint against accused u/s 420 IPC - Maintainability - Ingredients of offence punishable u/s 138 of the Act and S.420 IPC are completely different and in case where prosecution fails u/s 138 of the Act, accused..........
Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 468, 477A -- Sanction for prosecution - Offence u/ss 420, 468 & 477 IPC - Alleged indulgence of officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty - Their official duty is not to fabricate records or permit evasion of..........
Criminal and civil proceeding -- Quashing of criminal proceedings - Serious allegations made against accused, particularly that one of the persons said to have executed power of attorney was minor, and another was away from India - Held, even if civil suit was instituted by complainant, High Court committed no error of law in declining to interfere with criminal..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Married sister, A3 of husband - No specific instances of harassment and cruelty - Omnibus allegations - Married sister A3 residing in USA - Continuation of proceedings against married sister A3 will certainly amount to abuse of process of..........
Indian Penal Code, 1860, Section 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 406 IPC - Quashing of FIR - Dispute between parties amicably resolved vide Memorandum of Understanding - Misunderstanding, which led to registration of FIR in question, stands cleared between parties - Continuation of proceedings would be an exercise in futility - FIR qua..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent power of Court u/s 482 Cr.P.C. can be exercised as an exception and not as a rule - Three circumstances under which Court can exercise its inherent jurisdiction, are : (i) to give effect to an order under the Code; (ii) to prevent abuse of process of Court; (iii) to otherwise secure the ends..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 482 -- Disproportionate assets - Quashing of proceedings - Income tax Commissioner and his family members were named in the final report u/s 173 Cr.P.C. - Matter investigated and charge-sheet submitted - Proceedings cannot be quashed on the ground that assets were declared..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Scope - High Court may exercise its power relating to cognizable offences to prevent abuse of process of any Court or otherwise to secure the ends of justice - High Court will not embark upon enquiry whether evidence is reliable or not - That is the function of Trial Court...........
