Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Post-dated cheque is merely bill of exchange till the date it bears and from that date onwards it becomes a cheque - Once cheque is dishonoured offence is committed - So, plea of petitioner that cheque being post-dated is Bill of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of Criminal proceedings - Proceedings under Insecticides Act, 1968, Ss.21, 22, 24(3) & 24(4) - Procedure prescribed for samples and their sending for testing and not giving third sample to accused depriving him of his statutory opportunity to have sample tested by Central Insecticide Laboratory - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 145, 482 -- Quashing of Calendra - Petition for - No civil suit pending between the parties to the petition with reference to the same subject matter - Both the parties claim to be in possession of land - The jurisdiction of the Executive Magistrate to initiate proceedings u/S.145 of the Code is not barred - The paramount..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal complaint - Power should be exercised very sparingly and with circumspection and that too in the rarest of rare cases...........
Criminal Procedure Code, 1973, Section 198(1)(c), 155(4) -- Charge sheet u/s 494 and 498-A IPC - Charge framed - High Court quashed charge u/s 494 IPC on the ground that wife had not herself personally filed complaint u/s 494 IPC - High Court was in error in quashing the charge u/s 494 IPC and its judgment is liable to be set aside...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Telephone - Excess bill - Complaint for quashing on the ground that bill was highly excessive, wrong due to wrong metering and misuse by officials - Allegations denied by department - Stand of the Telephone Department that the telephone was disconnected on account of non payment of the bill - Appropriate relief which could..........
Negotiable Instruments Act, 1881, Section 137, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Matters which are to be agitated during trial cannot be gone into for the purpose of quashment of a proceedings under S.482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 482 -- Quashing of complaint - Possible plea of defence - Not a ground for quashing the proceedings...........
Constitution of India, 1950, Article 226 -- Challenge to creation of new District(s) - Discretion of Government to create a new District - For the State to decide as to how many Districts should be created in a State - Court cannot opine that creation of a District was bad in law - State Government has got complete discretion and power to vary the limits and alter the..........
Criminal trial -- Quashing of a complaint - It is necessary to consider whether the allegations in the complaint prim a facie makes out an offence or not - It is not necessary to scrutinise the allegations for the purpose of deciding whether such allegations are likely to be upheld in the trial...........
