Civil Procedure Code, 1908, Section 115 -- Revision - Against issuance of notice for appearance and filing objections in execution case, not maintainable, as it is not a case decided by any Court subordinate to High Court - Petitioner instead of approaching High Court should have approached Execution Court pursuant to notice and must have been duly advised by his counsel -..........
Indian Penal Code, 1860, Section 420, 406, 395, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Dispute pertaining to sale of motor vehicle by complainant to appellants and non-payment of remainder amount - Dispute is of civil in nature - Continuation of a dispute pertaining to payment of money and handing over of possession of motor vehicle, would be an..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 465, 466, 467, 468, 120B -- Quashing of FIR - Offence u/ss 465, 466, 467, 468, 120-B IPC - Civil suit preferred by complainant and others already stands dismissed - FIR has been registered after a gap of 16 years - Thus, continuation of proceedings emanating out of FIR are nothing but an abuse of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 227 -- Rejection of plaint - Abuse of process of Court - There is no embargo for High Court to step in and prevent such abuse of process being perpetuated - There is no impediment for exercise of power by High Court to strike off plaint which is clear abuse of process of Court. ( Paras 11 to..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - FIR is filed showing that appellant had an intention to cheat and commit breach of trust - However, documents on record belie the allegations in FIR - Mere civil dispute has been given the colour of an offence of cheating and criminal breach of trust - By..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 506 -- Quashing of proceedings - Offence u/ss 448, 506 IPC - Long standing civil dispute between parties - Respondent No.2 is in the habit of filing false cases against appellants and his family members - Allegations in the FIR are totally absurd - When respondent No.2 has not filed any suit,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale in question is null and void - Agricultural property - Plaint does not disclose a real cause of action rather something purely illusionary has been cleverly drafted in plaint making out a case for suit - Suit appears manifestly vexatious and does not disclose a right to sue..........
Indian Penal Code, 1860, Section 420, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Dispute of civil nature - Dispute between parties settled - Criminal proceedings is nothing but an abuse of process - FIR quashed...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 467, 468, 472, 120B, Essential Commodities Act, 1955, Section 13 -- Quashing of complaint - Cheating - Entire dispute is of a civil nature arising out of commercial transaction - No allegation that accused company was involved in any manner with transaction between A-2 and complainant -..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Resistance to execution of decree by a party against whom no decree has been rendered, would amount to abuse of process - Application u/s 47 CPC rejected...........
