Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Accused sought quashing of proceedings by making offer to deposit the cheque amount - Quashing disallowed - Held, Court cannot force complainant i.e. payee of the cheque to enter into a compromise on deposit of cheque amount or the penalty amount by the accused - Court can advise complainant to consider..........
Haryana School Education Rules, 2003 -- Appointment of JBT teacher - Petitioner sought quashing of appointment of respondents who have been appointed on post of JBT teacher, primarily on ground that they have higher qualification than prescribed for post - Petition disallowed - Held, a candidate having higher qualification may not be entitled to any additional weightage,..........
Criminal Procedure Code, 1973, Section 482, 125, Indian Penal Code, 1860, Section 323, 342, 506 -- Quashing of FIR - Factum of compromise having arrived at between parties has been duly recorded by ADJ, Delhi in joint statement of parties - No application was filed by petitioner/wife before ADJ, Delhi that her statement was not correctly recorded or was made under undue..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of ongoing investigation - Power vested in High Court under S. 482 of the Code can be invoked for quashing an ongoing investigation, complaint or other proceedings only in cases where either there is legal power to the continuation of proceedings such as absence of sanction wherever required or where averments made in..........
Indian Penal Code, 1860, Section 415, 420, Criminal Procedure Code, 1973, Section 482 -- Offence by company - Mens rea - Company inviting investment in shares from prospective investors to float a product by giving rosy picture of the product - Petitioner and others invested 500 crore - Product proved a failure and company going into liquidation - Complaint against the..........
Criminal Procedure Code, 1973, Section 482 -- Civil and criminal proceedings - Petition for quashing criminal proceedings - Held, there is a growing tendency in business circles to convert civil disputes into criminal which do not involve any criminal offence, by applying pressure through criminal prosecution - Criminal prosecution should be deprecated and discouraged...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Power to quash proceedings at the initial stage have to be exercised sparingly with circumspection and in the rarest of the rare cases - Such power can be exercised where a criminal proceeding is manifestly attended with mala fide and have been instituted maliciously with ulterior motive - This..........
Criminal Procedure Code, 1973, Section 202(1), Indian Penal Code, 1860, Section 498A, 307, 406 -- Quashing of complaint and summoning order - Complaint filed at Kapurthala Court u/ss 498A, 307 and 406 of IPC - Accused residing at Bhawanigarh tehsil which was beyond the jurisdiction of concerned Magistrate - Magistrate issued summoning orders without complying mandatory..........
Constitution of India, 1950, Article 14, 16(1), 311(2) -- Contract employee - Termination - Stigmatic order - Held that once a contractual employee has been working on the basis of terms and conditions of contract than those terms and conditions can be invoked to terminate his services - The petitioner adopted erroneous mode of passing an order which makes the order as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Quashing of proceedings sought on the ground that cheque in question was issued by way of security - Held, it can be established only during trial whether cheque was issued by way of security or not - Hence complaint proceedings cannot be quashed...........
