Land Acquisition Act, 1894, Section 6, 5A - - Acquisition of land - Quashing of notification - High Court permitted the petitioners to file their objections, if any, u/s 5-A of the Act - High Court did not quash notification u/s 6 of the Act - Four weeks time granted by Supreme Court to file their objections u/s 5-A of the Act - Status quo order will operate till decision..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Quashing of proceedings - Notice received back with endorsement `addressee left the place' - Thereafter notice sent by Court upon registration of private complaint also returned with different endorsement `accused went outside' - Deliberate evasion of receipt of registered notice would amount..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Disputed questions of facts involved in the case, neither admitted by complainant nor apparent on face of record - Such type of disputed factual defences can be appreciated only by trial Court after parties lead their evidence - High Court committed grave error by interfering..........
Indian Penal Code, 1860, Section 367, 467, 468, 195, 504, 506, 420, 383, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Quashing of FIR - Case registered against petitioners without referring the case for preliminary inquiry, without examining facts of case and nature of allegations and without ascertaining whether..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Stop payment - Complainant has not stated in the complaint that petitioner had no sufficient money in his account to pay amount of cheques - No enquiry made by Magistrate on this issue - Summoning order passed by Magistrate is against provision of S.138 of Act - Summoning..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Magistrate while passing summoning order considered complaint, affidavit of complainant and other documents - Magistrate did not refer provision of S.143 of the Act - Held, it is not a ground to say that Magistrate has not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Proceedings not to be quashed on disputed factual defences of accused such as whether cheque was given as security or not and whether there was outstanding liability or not - Factual defences can only be decided by trial Court after recording evidence of parties...........
Constitution of India, 1950, Article 142, Indian Penal Code, 1860, Section 364 -- Quashing of FIR - Offence u/s 364 IPC - Accused abducted minor daughter of complainant and married her - When matter reached Supreme Court, by then two children were born to couple - Even, father of girl granted consent and approval to marriage of couple - In order to do complete justice, FIR..........
Customs Act, 1962, Section 142(1), Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Deficient of goods placed in custody of appellant by Customs department - Since appellant is willing to deposit amount of compensation along with interest in lieu of deficiency of goods - Therefore, ends of justice would be met - Proceedings quashed...........
Indian Penal Code, 1860, Section 498A, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 498-A, 34 IPC - Quashing of proceedings - FIR against husband and his parents - Allegation that wife was harassed for dowry which amounted to cruelty - Reading of complaint, it cannot be held that even if allegations are taken as proved no case is made out - Question..........
