Indian Penal Code, 1860, Section 498A, 406, 302, 120B, Criminal Procedure Code, 1973, Section 194 -- Ill treatment for demand of dowry - However in divorce proceedings admission that accused never ill treated the wife - Two contradictory versions in two different Courts of law - Order of trial Court to face regular trial for giving or fabricating false evidence in judicial..........
Criminal Procedure Code, 1973, Section 199, 200, 204 -- Second complaint - Can only be filed in case of exceptional circumstances viz. the previous order was passed on incomplete record or on a misunderstanding of the nature of the complaint or it was manifestly absurd, unjust or foolish or where new facts which could not despite due diligence could be brought on record in..........
Insecticides Act, 1968, Section 30(3) -- Insecticide - Sample drawn from dealer from sealed containers - Misbranding - Manufacturer and not dealer is liable - Criminal proceedings against licensed dealer quashed...........
Constitution of India, 1950, Article 226, 227, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Extraordinary jurisdiction - Exercise thereof - Held, to quash an FIR or criminal proceedings, ordinarily a writ petition u/Art. 226 would not lie - In appropriate cases, however, there cannot be sustainable objection for High Court treating a petition..........
Criminal Procedure Code, 1973, Section 482 -- Maintainability of petition u/s 482 Cr.P.C. as alternative remedy of filing revision petition u/s 397 Cr.P.C. available - Summoning of petitioner by Magistrate under Prevention of Food Adulteration Act - Petition u/s 482 Cr.P.C. dismissed by High Court holding that petitioner had a remedy of filing revision under 397 Cr.P.C.-..........
Indian Penal Code, 1860, Section 420 -- Cheating - Only because civil law can be taken recourse to does not necessarily mean that criminal proceedings should be barred...........
Indian Penal Code, 1860, Section 415, 420, Criminal Procedure Code, 1973, Section 482 -- Machine not manufactured as per order - Refusal to return advance - Accused summoned u/ss 417, 420 IPC - - To constitute an offence of cheating complainant is required to show that accused had dishonest intention at the time of making promise - In case accused commits breach of promise..........
Criminal Procedure Code, 1973, Section 482, Penal Code, 1860, Section 304A -- Quashing proceedings - Medical negligence - Death of child - Two sets of opinions; one in favour of the complainant and another in favour of the appellants - Which opinion would prevail is essentially a question to be determined by the learned Trial Judge upon considering the evidence adduced by..........
Water (Prevention and Control of Pollution) Act, 1974, Section 44, 47, 25, 26, Criminal Procedure Code, 1973, Section 482 -- Discharge of trade effluent into river without treatment - Complaint against company, Chairman, Managing Directors, Joint Managing Directors and other officers - It was averred in complaint that these persons are incharge of day to day affairs of..........
Water (Prevention and Control of Pollution) Act, 1974, Section 44, 47, Criminal Procedure Code, 1973, Section 482 -- Discharge of trade effluent into river without treatment - Continuation of proceedings for 23 years - Not a ground to quash proceedings in matter of this nature which affects public health - Court cannot afford to deal lightly with cases involving pollution..........
