Criminal Procedure Code, 1973, Section 482, Foreign Contribution (Regulation) Act, 2010, Section 23, 4 -- Quashing of FIR - Offence u/ss 23, 4 of FCRA - High Court while allowing petition u/s 482 Cr.P.C recorded findings on several disputed facts - Defence of accused is to be tested after appreciating evidence during trial - Assessment made by High Court at the stage when..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque returned with endorsement "kindly contact drawer/drawee bank and pleasen" - Plea that cheque was not returned for insufficient funds - Held, onus to prove that at the relevant time accused had sufficient balance in his account has to be proved by summoning bank record -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 366, 376, 323, 328, 506, 406 -- Quashing of charge sheet - Kidnapping and rape - Prima facie it cannot be said that no case is made out against accused - Whether accused wanted to marry victim right from very beginning or not and whether consent given by victim for sexual intercourse was a free..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 323 -- Quashing of proceedings - Offence u/ss 498-A, 406, 323 - Court under exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to analyze factual evidence, which is a subject of trial Court - Since complaint discloses offence in question, application for quashing rejected...........
Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504, 506 IPC - Quashing of summoning order - Summoning order was passed on basis of evidence obtained u/ss 200, 202 Cr.P.C - Previous institution of case against accused is an evidence of motive or cause either in execution of offence or in defence by either side - Same is a question of evidence and of..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of summoning order - Fraud and deception in delivery of property by fraudulent acts - Magistrate passed summoning order after appreciating facts and evidence brought on record - High Court in exercise of inherent jurisdiction u/s 482 Cr.P.C is not expected to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Allegation levelled against each other can be adjudicated only after evidence - Truthfulness of allegations cannot be considered in proceeding u/s 482 Cr.P.C before High Court...........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of summoning order - Accused husband filed divorce petition against wife in which he admitted that there is no consummation of marriage - Despite that wife gave a birth to a male child in her parental house as a result of adultery - Accused thus,..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Adjudication of questions of facts and appreciation of evidence or examining reliability and credibility of version, does not fall within arena of jurisdiction u/s 482 Cr.P.C...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 4, 5 -- Registered gift deed - Quashing of gift deed without giving opportunity to petitioner - Tribunal quashed the registered gift deed by proceeding in a hot haste - If Tribunal has any apprehension that petitioner would alienate property, then Tribunal could have passed any appropriate order..........
