Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 147, 148, 149, 324, 504, 506, 323, 307 -- Quashing of charge-sheet - Informant sustained guns shot injury and blunt object injuries - Charge-sheet under S.307 IPC laid before the court prior to taking cognizance of offence - Incident alleged to have taken place on 28.5.2004 at 1 P.M. - Application..........
Criminal Procedure Code, 1973, Section 195, 482 -- Penal Code, 1860, Sections 182, 420, 511 - Quashing of complaint - Both the alleged offences i.e. u/S.420 r/w Section 511 IPC and 182 IPC form integral part so as to amount to offences committed as a part of the same transaction - Summoning order issued by Magistrate on private complaint - Held that Section 195 Cr.P.C..........
Criminal Procedure Code, 1973, Section 195, 482 -- Penal Code, 1860, Sections 182, 420, 511 - Quashing of complaint - Civil suits between the parties regarding the property in question are pending - On the applications filed by both the parties for transfer of their name in the office record of the Estate Officer, no transfer has yet been made - Both the parties putting..........
Indian Penal Code, 1860, Section 406, 408, Essential Commodities Act, 1955, Section 7 -- Quashing of FIR - Double jeopardy - On the basis of physical verification in 1997 some shortage of stock found - FIR lodged on 25.02.1998 - On the basis of another physical verification conducted on 30.06.1997, prior to lodging of FIR on 25.02.1998, a Second FIR u/s 406, 408 IPC and..........
Indian Penal Code, 1860, Section 500, 153, 153A, 153B -- Defamation - Quashing of FIR - Controversial sentence of an eminent historian in a book that `Oriya is a younger sister of Bengali' - Whether the statement of the writer is right or wrong is not to be decided in a proceeding like this - It is only to be seen whether the intention of the writer was to defame the Oriya..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 500 -- Defamation - Quashing of complaint - Imputations against complainant in written statement - Once a statement has been filed in a Court of law, that statement can be taken as published and if such a statement amounts to per se defamatory, it is the duty of accused to establish that he is..........
Housing -- Built up houses - Allotment of by appellant Housing Board -Demand of amount on account of enhanced compensation as per terms of clauses of brochure - Neither any award prior to publication of the brochure for compensation of land in question nor any award of Court regarding the enhanced compensation was produced by appellants before the Forum -District Forum..........
Indian Penal Code, 1860, Section 420, 120B -- Sale of land - Land of complainant sold by accused claiming himself to be the owner of land - Accused identifying vendor as owner of land - Accused are guilty of cheating - Cognizance rightly taken by Magistrate - Order of Sessions Judge quashing cognizance set aside...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 463, 107 -- Quashing of complaint - Complaint under Ss.406, 420, 463 r/w Section 107 IPC - Case of complainant that accused having good marketable title, a registered sale deed was entered - Merely because petitioners closely related to accused, cannot be said that allegations made..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Taking of by Magistrate - Territorial jurisdiction - Plea of by the applicant - For quashing of the complaint repelled - Power of Judicial Magistrate of First Class to take cognizance is not impaired by territorial restrictions...........
