Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 21 -- Quashing of complaint - De-novo trial - Right to speedy trial - Petitioner faced trial for 7 years and still to undergo de-novo trial as ordered by the trial Court - Held that if the petitioner is required to undergo further trial, it would amount to travesty of justice - Complaint and..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12(1) -- 'Known criminal' - Meaning - Does not mean known convict - Person against whom one criminal case is pending trial and another under investigation, is known criminal...........
Registration Act, 1908, Section 47, Transfer of Property Act, 1882, Section 48 -- Sale deed - Presented for registration and kept pending and registered thereafter - Held, it will operate from date of execution of sale deed and not from date of registration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Condition of expiry of 15 days after notice applies to taking cognizance and not to filing of complaint which can be kept pending as premature till prescribed time...........
Criminal Procedure Code, 1973, Section 452 -- Tractor - Seized from petitioner - Petitioner purchased the same but registration not got transferred in his name - No tax paid by the petitioner - Complaint of petitioner regarding same vehicle pending in Court - No explanation how tractor came into possession of petitioner - Custody of tractor rightly handed over to its..........
Criminal Procedure Code, 1973, Section 133 -- Public nuisance - Provision does not apply to private nuisance - Dispute between parties regarding ownership and possession of house and civil litigation pending - Dispute does not involve public nuisance...........
Criminal Procedure Code, 1973, Section 482, 319 -- Penal Code, 1860, S.306 - Summoning of additional accused - Double jeopardy - Death due to burn injuries - Complaint dismissed without summoning the accused - Summoning of the petitioners u/S.319 Cr.P.C. in police case - Dismissal of complaint does not amount to discharge - Revision petition pending - Summoning of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - At appellate stage - Amendment of plaint seeking relief of future mesne profits at appellate stage - Such an application is maintainable even though said relief not included in plaint originally - Claim for future mesne profits stand on a different footing from claim for past mesne profits which have to..........
Civil and Criminal case -- Civil suit pending regarding validity of agreement - Civil Court to decide the question of forgery - Civil Court if decides that agreement is not a forgery then criminal proceedings would be deemed to have been quashed and if civil Court decides that agreement is forgery then criminal proceedings would continue...........
Criminal Procedure Code, 1973, Section 145 -- Title suit concerning same property pending between parties in civil Court - As such proceedings u/s 145 Cr.P.C. cannot be initiated by Magistrate...........
