Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction of High Court - Exercise of power u/s 482 is an exception and not the rule - Provision of S.482 envisages three circumstances under which inherent jurisdiction may be exercised namely, (1) to give effect to an order under the Code, (ii) to prevent abuse of the process of court, and (iii) to otherwise..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing - Government land adjacent to land of complainant allotted to a member of Schedule Tribe - Land not belonging to complainant - Complainant not having any grievance - It appears that FIR is lodged with a view that land should not go to a member of schedule tribe - FIR quashed...........
Criminal Procedure Code, 1973, Section 204 -- Summoning order - Magistrate can discharge the accused at any stage of the trial, if he considers the charge to be groundless - However, accused can approach High Court for quashing the proceedings when complainant does not make out a case against him...........
Constitution of India, 1950, Article 32 -- Writ of Certiorari and / or Mandamus for quashing Session Trial u/s 366 and 368 IPC - Petitioner got married against wishes of her parents - Parents of girl opposed to intercaste marriage - Got registered F.I.R. against husband and his family members - A major woman is free to marry or live with anyone she likes - No bar to an..........
Constitution of India, 1950, Article 226, 227 -- Dispute between private parties - Lease agreement between Trust and Company - Cancelled - Writ of certiorari for quashing cancellation - Dispute between Trust & Company - Cannot be raised in extraordinary writ jurisdiction - Trust to approach Civil Courts...........
Criminal Procedure Code, 1973, Section 482 -- Issuing process - Quashing - At this stage not permissible to go into truthfulness or otherwise of the allegations in the complaint - The only scrutiny that is permissible is as to whether after reading the complaint as a whole and taking the averments on its face value and accepting them in entirety whether the ingredients to..........
Haryana Panchayati Raj Act, 1994, Section 47 -- Quashing of resolution to sell Panchayat Ghar - Encroachment over Panchayat Ghar - AC Ist ordered eviction u/s 7(2) of Punjab Village Common Land (Regulation) Act, 1961, but permitted Gram Panchayat to sell land to encroachers - Gram Panchayat passed resolution for sale - Challenged u/s 47 of the Act - Status quo ordered -..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 452 -- Summoning order u/s 319 Cr.P.C. - Quashing of - Distant relative - FIR lodged by wife under Ss.498-A and 406 of IPC against entire members of family of husband - There is a tendency to involve all relatives of husband when relations of husband and wife become strained - Petitioner is..........
Constitution of India, 1950, Article 226, 227, Punjab Co-operative Societies Act, 1961, Section 36, Punjab Co-operative Societies Rules, 1963 -- of Appendix - C - Illegal election programme - Election of Board of Directors of Central Cooperative Bank - Writ petition for quashing election programme and subsequent election process - Guidelines issued by Registrar for holding..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Accused took plea that cheque was in possession of complainant for collateral security - It is not a ground for quashing complaint - Such matter has to be looked into at stage of trial...........
