Constitution of India, 1950, Article 226, 227 -- Disputed questions of facts - Writ Jurisdiction - Writ petition for certiorari for quashing proceedings/resolution of meeting - Challenge on the ground of non service, false service report and co-opted member not representative of weaker section of society - Grounds of challenge disputed questions of fact - Cannot be gone..........
Constitution of India, 1950, Article 226, 227 -- Quashing of Public notice regarding sale of land - Six properties mortgaged with Bank - One property purchased by petitioner from original owner in good faith - Constructed house thereon - Suit for specific performance against vendor pending before Civil Courts - Bank publishing notice for sale - Reserve price of property..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Non supply of goods for which cheque was issued - Not a ground to quash complaint - It is a matter of fact which has to be proved before a Court of law...........
Constitution of India, 1950, Article 226, 227 -- Election disputes - Scope of interference in writ jurisdiction - Election of members of Executive Board of Delhi Sikh Gurudwara Managment Committee - Dispute with regard to the date of holding of meeting - Writ for quashing meeting held for conducting elections - Matter agitated purely factual in nature - Proper remedy to..........
Constitution of India, 1950, Article 226, 227 -- Non impleading of necessary parties - Effect - Writ for quashing election of Office bearers of Executive Board - New Office bearers not made party - They are affected parties - No adverse order can be passed without affording them opportunity to present their case - Non impleading of newly elected Office bearers fatal - Writ..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Manager filed complaint - Manager not duly authorized by Board of Directors to sign and file the complaint - Not a ground for quashing the complaint...........
Indian Penal Code, 1860, Section 498A, 406, 120B -- Quashing of FIR - Matrimonial dispute - Bona fide settlement between parties - Parties have been granted a certificate of divorce by a Court of competent jurisdiction in Canada - The complainant has received an amount of Rs. 12,50,000/- by way of a demand draft - In view of the settlement, the complainant and his..........
Indian Penal Code, 1860, Section 182, 482 -- Quashing of Kalandra - In the private complaint filed by the petitioner, the accused have been summoned, though they were found innocent by the police in the FIR - Police submitted impugned Kalandra under Section 182 IPC against the petitioner for initiating proceedings against him for giving false information - Held that at..........
Criminal Procedure Code, 1973, Section 197, 482 -- Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 32 - Penal Code, 1860, Sections 452, 500, 506, 148 r/w 149 - Summoning order - Quashing petition - Public servant - Sanction for prosecution - Loan - Default - Affixation of notice, demanding payment, on the house..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint on ground that complainant is not a holder in due course - Question can be decided only when parties lead evidence - No ground to quash complaint...........
