Judicial service -- Appointment - Vacancies on which appellants were appointed were never advertised and such vacancies cannot be termed as anticipated vacancies - However, appellants have been working as judicial Officers now for nearly 10 years after successfully passing written examination and viva voce - Therefore, unseating appellants from their posts would not be in..........
Criminal Procedure Code, 1973, Section 482, Wakf Act, 1995, Section 52A -- Quashing of proceedings - Offence u/s 52-A of Waqf Act - Court can take cognizance of offence u/s 52-A IPC only on complaint - Complaint does not include a police report - Order taking cognizance by Magistrate based on police report is bad in law and thus, quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 458, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 427, 458 IPC and S.3(2)(v) of SC/ST Act - FIR can be quashed even in offences under SC/ST Act - However, compromise must be with..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Cheque issued for discharge of loan advanced to Company for its business purpose - Accused had stood guarantee for loan advanced - She cannot deny knowledge of borrowing or issuance of cheque just because she Is not signatory of cheque - Averments in complaint shows..........
Criminal Procedure Code, 1973, Section 482, Kerala High Court Act, 1958, Section 5 -- Refusal to quash proceedings - Appeal u/s 5 of Kerala High Court Act - Maintainability - No appeal would lie u/s 5 of Kerala High Court Act against an order passed by single Judge refusing to exercise inherent powers u/s 482 Cr.P.C for quashing of a criminal case...........
Criminal Procedure Code, 1973, Section 482 -- Petition for quashing FIR - Rejection of petition without going into merits of the case made out by appellant - Impugned order set aside - Matter remitted for decision afresh...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363 -- Quashing of FIR - Kidnapping - Allegations in FIR that victim is minor stands established from material on record and FIR contain the ingredients of a cognizable offence - FIR cannot be quashed - Petition for quashing dismissed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363 -- Quashing of FIR - Kidnapping - Allegations in FIR that victim is minor stands established from material on record and FIR contain the ingredients of a cognizable offence - FIR cannot be quashed - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 419, 465, 120B -- Cheating - Quashing of proceedings - Civil dispute - Entire allegations made in the complaint pertain to civil dispute and civil proceedings are actively under consideration before respective civil Courts - Except the allegation that petitioners are close relatives of A-3, no other specific allegation was made against..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors on the date of issuance of cheque and who signed the cheque as authorised representative of company but not directors on the date when cheque was presented to bank for encashment - Status of Directors can be tested and adjudicated upon by trial Court after parties..........
