Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If accepting the entire allegations made in the complaint petition does not make out any criminal offence and the dispute raised is purely of civil nature, continuance of the criminal proceeding would amount to an abuse of the process of law and should be quashed for the ends of justice...........
Criminal Procedure Code, 1973, Section 482, Motor Transport Workers Act, 1961, Section 2(h) -- Quashing of Criminal proceedings - Complaint against petitioners, who are MD and Managers of company for offence allegedly committed under Motor Transport Worker Act, 1961 - Company is a courier company utilising motor vehicles and hence Tamil Nadu shops and Establishments Act,..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance granted to wife and her child aged one and half year - Quashing of interim maintenance sought by the husband on the ground that he is not financially in a position to pay maintenance as he was undergoing treatment for mental unsoundness - Husband sought to rely on certain documents in support of his..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 20(1)(c) -- Allotment of land in lieu of land left out in Pakistan - Govt. order stopping allotment of rehabilitation land forthwith - High Court in a writ petition against such order ordered allotment without any enquiry as to whether predecessor-in-interest of respondent in fact had left any land in..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Additional director - Quashing of proceeding - In profile, it is mentioned that petitioner is designed as director, however, against which petitioner has produced Form No.32 issued by Registrar of Companies, in which it has been specifically mentioned..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Quashing of complainant sought on the ground that dishonoured cheque was a part of the claim in arbitration proceedings and hence controversy was civil in nature - Held, it would not per se prevent criminal Court to independently..........
Motor Vehicles Act, 1988, Section 7, 8(3), 9, 27 -- Public Interest Litigation seeking direction to grant driving licenses to deaf persons and for quashing of policy decisions restraining or creating any kind of restriction on part of deaf persons to get driving licenses - Held, persons who are totally deaf cannot be granted driving license - However, if such persons..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant filed private complaint u/s.200 Cr.P.C. for offences u/s.120(B) & 420 IPC r/w S.138 of N.I. Act against husband of petitioner as A1 and petitioner as A2 - Statutory notice was issued for offence u/s.138 of N.I. Act -..........
Indian Penal Code, 1860, Section 500, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of proceedings - Allegations that advertisement published by petitioner Co. with Associated Traders amounted to disparaging respondent's product - Associated Traders categorically admitted that advertisement in question was taken out by it on its own and petitioner Co...........
Criminal Procedure Code, 1973, Section 125, 482 -- Maintenance - Grant of - Quashing of order - Quashing of order granting maintenance to wife sought on the ground that wife has solemnized 2nd marriage - Held, this is a question of fact and can be well examined by Court below in view of provisions u/s 125 of the Code itself - Such fact cannot be examined by High Court..........
