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.-..........
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..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition - Quashing of notification sought on the ground of discrimination - Appellant taking plea that construction made by them has been acquired whereas similar kind of construction made with regard to others similar situated persons has been left out - High Court dismissed petition - Judgment of High Court set aside -..........
Criminal Procedure Code, 1973, Section 482, 202, 190 -- Complaint - Summoning - Quashing - Some of the illustrative grounds are : (1) where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absolutely no case against the accused or the complaint does not disclose the essential..........
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..........
Land Acquisition Act, 1894, Section 4, 6, Constitution of India, 1950, Article 226, 14 -- Land acquisition - Notification of acquisition quashed - Petitioner, whose land was also acquired and who had filed petition seeking enhancement of compensation, got the petition dismissed as infructuous after quashing of notification, but failed to deposit back the compensation in..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Abuse of process of law - Respondent for reasons best known to her has chosen to file two separate complaints with respect to same document, three years apart - Held, respondent had tried to establish that offences had been committed by petitioners u/ss 403 and 406 IPC as also u/s 73 of the Companies..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Imposition of condition - Quashing of - Additional Sessions Judge has imposed the condition to deposit passport & Visa while granting bail to petitioner - Legality of - Held, according to S.10(3) of the Passports Act, 1967 only passport authority is empowered to impound passport - Court below has committed illegality and..........
Constitution of India, 1950, Article 32, 226 -- Preventive detention order - Quashing at pre-execution stage - Order of preventive detention quashed by High Court - Appeal against - Held, that order of detention has not been executed - A person may try to abscond and thereafter can take a stand that the period for which detention was ordered is over - Held, that such a..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B -- Criminal complaint - Quashing of issuance of summons - Offence u/ss 420, 120-B IPC - Allegations regarding non-repayment of loan amount by petitioner - As per evidence on record, act alleged against petitioner not prima facie satisfy ingredients constituting offences - Order of..........
