Land Acquisition Act, 1894, Section 4, 6, 5A, 17 -- Land acquisition - Notification u/s 4 quashed with liberty to issue a fresh notification - Fresh notification issued after 3 years invoking emergency clause - Time gap of 3 yeas between quashing of first notification and issue of second notification is too long to justify invoking of urgency clause - This is clearly..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Allegations that petitioner circulated pamphlet in and around town with a view to promote enmity, hatred and ill will among different communities besides defaming them - After investigation, investigating agency submitted charge-sheet u/ss 500 and 505 of Indian Penal Code against petitioner..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Quashing of order - Accused allegedly tortured victim on account of non-fulfillment of dowry demand - Magistrate, having found prima facie case against accused, took cognizance u/s 498-A Indian Penal Code, vide impugned order - Held, impugned order of Magistrate cannot be sustained under..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 406 -- Quashing of complaint - Offence u/ss 420, 406, 467, 468 IPC - Property in dispute was gifted to son of petitioner by her father - As per complaint, Petitioner No.1 being guardian of her minor son executed sale deed in favour of complainant/petitioner no. 2, after taking..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 307, 34 -- Quashing of FIR - Matrimonial dispute resulting in the lodging of FIR u/s 307 IPC - Quashing of FIR sought on the ground that parties have sorted out their matrimonial dispute and are living together - Held, quashing of FIR will bring the two families together and will also help them..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Corruption case - Trap organised but failed - Efforts to bribe made but admittedly no bribe was taken - Relevant certificate issued but no bribe or illegal gratification offered and accepted - No foundation for commission of any offence - FIR quashed...........
Negotiable Instruments Act, 1881, Section 138,141 -- Dishonour of cheque - Partnership - Quashing of proceedings - Plea that appellant was living abroad at the relevant time - Held, appellant is entitled to show at the initial stage that he was in no way responsible for the day to day management of the business and that the was not in India when the offence is said to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Petition u/s.482 Cr.P.C. for quashing of complaint and summoning order - Respondent stated that he will withdraw complaint pending in trial Court - Held, petition rendered infructuous - Petition dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149, Arms Act, 1959, Section 27 -- Quashing of order - Cognizance of offence and issuance of summons - Offence u/ss 302, 307, 147, 148, 149 IPC and S.27 Arms Act - Post-mortem report shows that death had occurred due to the reason that the deceased had received fire arm injury..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of summoning order - Only a prima facie satisfaction has to be arrived at and recorded for summoning the accused - Police report disclosing prima facie case of involvement of accused - Held, no illegality in summoning order...........
