Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Maintainability - Banking service - Complaint allegations is that Bank had acknowledged FDR and had accounted for interest payable thereon but instead of releasing maturity proceeds in favour of appellant, it had set up a subsequent contract of pledge of that FDR for according overdraft..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court must avoid usurping the function of a trial Court or conducting a mini-trial when disputed factual questions attend maintainability of a complaint - Only requirement is to examine whether uncontroverted allegations as contained in the FIR taken at their face value disclose the commission of..........
Criminal Procedure Code, 1973, Section 482, 341, 340 -- Petition u/s 482 Cr.P.C - Maintainability - Complaint filed as per order passed u/s 340 Cr.P.C - When petitioner has a right to file appeal u/s 341 Cr.P.C, Court need not entertain the petition u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 200, 203 -- Second complaint - Maintainability - Earlier complaint dismissed as no prima facie case was made out - Earlier complaint was not disposed of on any technical ground - Material adverted to in the second complaint was only in the nature of supporting material - Material relied upon in the second complaint was not such which..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 506, 120B -- Second complaint on same subject matter - Complaint u/ss 420, 406, 506, 120-B IPC - Two complaints filed on the same subject matter - In the second complaint pendency of first complaint not disclosed - Prima facie it amounts to abuse of process of Court - However, CJM sent..........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of complaint - Maintainability - Complaint under the Act - Earlier also husband filed criminal miscellaneous petition challenging orders passed by Appellate Court by which they summoned to appear as well as order restraining husband from dispossessing..........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12, 17, 18, 19, 20, 22 -- Petition u/s 482 Cr.P.C. for quashing of order and consequential proceedings under PWDV Act - Maintainability - Petitioner challenged complaint is without jurisdiction - High Court thus, with its vast inherent powers would be able to entertain..........
Criminal Procedure Code, 1973, Section 173(8), 2(d) -- Supplementary complaint - Maintainability - Supplementary complaint on additional evidence qua same accused or additional accused who are part of same larger transactions/conspiracy is maintainable, however, with leave of Court...........
Criminal Procedure Code, 1973, Section 173(8), 2(d) -- Supplementary complaint - Maintainability - If on further investigation with express leave of Court, culpability and complicity of any other person is established supplementary compliant be filed...........
Criminal Procedure Code, 1973, Section 397(3) -- Successive revision petition - Maintainability - Where revision petition was dismissed as withdrawn on account of dismissal of main complaint, order passed wherein was basis of filing first revision petition cannot be treated as a bar to prefer successive revision petition after revival of original complaint...........
