Insecticides Act, 1968, Section 30(3) -- Quashing of complaint - Sample taken from sealed containers - Plea for allowing benefit of S.30(3) of the Act - Held that petitioner No.1 being the dealer entitled to the benefit of S.30(3) - Petitioner No.2 being the distributor not entitled - Complaint only against petitioner No.1 to be quashed...........
Indian Penal Code, 1860, Section 120B, 406, 420, 467, 468, 471 -- Charges under - Manager of Bank forging Drafts - Other accused receiving amount thereunder - Material on record constituting ground to presume that accused committed offence - Trial on such charge cannot mean harassment - No case for quashing charges...........
Criminal Procedure Code, 1973, Section 154, 482 -- FIR - Inherent power to quash - Mala fides of informant is not of much importance - It is the material collected during the investigation and evidence led in Court which decides the fate of the accused person - Allegations of mala fides against the informant are of no consequence and cannot by itself be the basis for..........
Housing -- Plot allotted in 1986 - Respondent-complainant depositing the full amount in installments by June 1991 - Symbolic possession given in July 1992 as area was not fully developed - Petitioner demanding extension fee in July 1998 - As only symbolic possession was given, the complainant cannot be expected to commence construction on an undeveloped plot - Orders of..........
Insecticides Act, 1968, Section 30(3) -- Quashing of complaint - Sample - BHC 50% found misbranded - Sample drawn from the sealed container, from dealer, which was lying in its original form, in which it was purchased from manufacturer - Held that petitioner entitled to get the benefit of the provisions of S.30(3) of the Act - At best the manufacturer can be held liable..........
Criminal Procedure Code, 1973, Section 482, 397, 401 -- Summoning order - Quashing of - Order revisable u/Ss.397 & 401 Cr.P.C. - When there is a specific provision under the Code, petition u/S.482 Cr.P.C. held not maintainable...........
Criminal Procedure Code, 1973, Section 482 -- Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Criminal complaint - Quashing of proceedings - Plea of the petitioners accused that there is no legally enforceable debt as such to be discharged by the petitioners - Held that whether there is any legally enforceable debt as such which is required to be discharged..........
Criminal Procedure Code, 1973, Section 482 -- FIR - Quashing of - Specific allegations made in the FIR - It cannot be said that no prima facie case is made out against the accused persons - FIR not to be quashed...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Power of quashing a criminal proceeding should be exercised sparingly and with the circumspection and that too in the rarest of rare cases...........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Ss.3(k)(i), 13, 17, 18, 23, 29 and 33 - Quashing of complaint - Sample - Found misbranded - Filing of complaint and issue of summons against petitioner challenged on the ground that the sample were drawn from a sealed packet and the petitioner being dealer, could not possibly have known the contents in..........