Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22(1), 22(A) -- Company - Dishonour of cheque - Complaint u/s 138 NI Act cannot be stayed on the ground that proceedings with respect to Company were pending u/s 22(1) or S.22-A of Sick Industrial Companies (Special Provisions) Act - The two provisions of SICA..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Cannot be quashed solely on the ground that Govt. has proposal to withdraw the prosecution...........
Criminal Procedure Code, 1973, Section 267, 2(h) -- Permission sought to remove accused from judicial custody to policy custody for completion of investigation in another case - Police can seek permission - For this purpose production warrant u/s 267 Cr.P.C. can be issued - Expression 'other proceeding' used in Section 267(1) and 'for the purpose of any proceedings'..........
Criminal Procedure Code, 1973, Section 133 -- Applicability of the provision - Essential requirement is that there must be evidence showing that any unlawful obstruction or nuisance has been created in a public place, way, river or channel which may be lawfully used by the public - User by public is a condition precedent for initiating the proceedings u/s 133 Cr.P.C...........
Criminal Procedure Code, 1973, Section 133, 142, 482 -- Nuisance - Removal of - Passage used by respondent through Govt. land alleged to be blocked by erecting fencing wall - Since user by public is a condition precedent or initiating the proceedings u/s 133 Cr.P.C. and there being no allegation that petitioner obstructed any public way or the way which is lawfully used by..........
Criminal Procedure Code, 1973, Section 133, 142, 482 -- Passage used by respondent through Govt. land alleged to be blocked by erecting fencing wall - Dispute pending in civil Court - Held, since the lis is pending before the Civil Court and ultimately the right of parties are to be determined by the Civil Court and there being no allegation of obstructing public way or..........
Criminal Procedure Code, 1973, Section 482 -- Civil suit pending - High Court staying criminal proceedings - Order of High Court set aside...........
Insecticides Act, 1968, Section 30(3) -- Insecticide - Sample found misbranded - License of dealer cancelled - Departmental Appellate Authority Restored the license of the dealer and held that the sample was drawn out of sealed container - When sample taken from sealed container is found to be misbranded by analyst and departmental authorities restore the license giving..........
Essential Commodities Act, 1955, Section 7(1), 10 -- Fertilizer Control Order, 1985, Clause 19 (1) (a) - Fertilizer - Sample found misbranded - License of dealer cancelled - Departmental Appellate Authority Restored the license of the dealer and set aside the order cancelling license - Criminal proceedings qua dealer quashed under section 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 320, 482 -- Non compoundable offence - High Court can quash proceedings in exercise of power u/s 482 Cr.P.C. as Section 320 Cr.P.C. does not limit or affect the powers u/s 482 Cr.P.C...........
