Indian Penal Code, 1860, Section 420, 468, 500, 120B -- Battle lost in civil proceedings - Criminal complaint filed with allegations of forgery - Action in filing criminal complaint is not bonafide and amounts to misuse and abuse of the process of law - Proceedings quashed...........
Indian Penal Code, 1860, Section 420, 467 -- Cheating - Fabricating false record - Complainant filed civil suit challenging decision of Electricity Board in returning his tender documents on the ground that the same were not as per pre-qualifying conditions of the tender and was dismissed as withdrawn and order of civil court was challenged by filing writ petition which..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Service of summons - Process server did not know defendant personally and no one from village accompanied him at the time of service of summons, who could identify defendant - Handwriting and Finger print expert examined by defendant has also not approved the alleged signatures of defendant..........
Evidence Act, 1872, Section 65B(2) -- Electronic record - Admissibility of evidence - Depends on satisfaction of four conditions : (i) The electronic record containing the information should have been produced by the computer during the period over which the same was regularly used to store or process information for the purpose of any activity regularly carried on over..........
Criminal Procedure Code, 1973, Section 468 -- Period of limitation - Computation - Limitation prescribed is the date of institution of complaint/charge sheet and not the date of cognizance or issuance of process by Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint through power of attorney holder - Law as to - Law as pronounced in A.C.Narayanan v. State of Maharashtra, 2013(3) Apex Court Judgments 323 (S.C.) : 2013(4) Criminal Court Cases 001 (S.C.) : 2013(4) Civil Court Cases 379 (S.C.) reiterated : (i) Filing of complaint petition u/s 138 of NI Act..........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6, Criminal Procedure Code, 1973, Section 482 -- Dowry demand or harassment - Quashing of proceedings - Distant relations - Mere naming of distant relations is not enough to summon them in absence of any specific role and material to support such role - Court has to be careful in summoning distant..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Parameters - If there are triable issues, Court is not expected to go into the veracity of rival versions but where on the face of it, criminal proceedings are abuse of Court's process, quashing jurisdiction can be exercised...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 21 -- Recovery of Proxyvon capsules - Recovery memo mentions FIR No. even before registration of case - No contemporary documentary evidence to demonstrate that seized packets of samples and remaining stock of alleged contraband were kept in malkhana before forwarding of samples to FSL for chemical..........
Eye witness -- Corroboration by child witness - Child witness were fully conscious of what they were to state before Court and their answers to the questions did disclose that they were able to understand the whole purpose of giving their evidence in Court and as to on what matter they were supposed to give their evidence - Even while narrating the incident, both the child..........
