Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Charge-sheet i.e. police report u/s 173(2) Cr.P.C. has been submitted after investigation and High Court did not have an occasion to consider police report/charge-sheet and materials placed along with it while considering application u/s 482 Cr.P.C. - Ends of justice would be subserved if proceedings before..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Suppressing by wife of her employment - Not coming to Court with clean hands - Dismissal of petition calls for no interference...........
Criminal Procedure Code, 1973, Section 125, Maintenance to wife -- Wife failed to bring on record cogent evidence to demonstrate that she was living separately from her husband on account of any situation created by husband - Dismissal of petition calls for no interference...........
Agreement to sell -- Validity - Security for loan transaction - Substantial portion of consideration paid much prior to execution of agreement - Period of three years stipulated despite balance consideration being negligible - Agreement is proved to be intended only as a security document and not as an agreement of sale - Agreement to sell not a genuine agreement of sale..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Dismissal of writ appeal - No error apparent on face of record in the order of dismissal of writ appeal - Counsel who argued writ appeal has not filed review petition and same has been filed by another counsel - Petitioner by filing review petition is wasting precious time of Court by filing..........
Agreement to sell -- Dismissal of suit for specific performance - Appeal - In a suit for specific performance concerning an immovable property, if relief sought is not granted and aggrieved party appeals, then an application seeking to maintain status quo filed before appellate Court cannot be dismissed solely because suit for specific performance stood dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Second petition U.O.21.R.58 CPC - First petition U.O.21.R.58 CPC was rejected - Second petition filed for same relief by same petitioner not maintainable, simply because after dismissal of first petition petitioner not challenged the order passed in said first petition - Order rejecting second petition cannot be said to be..........
Service -- Dismissal - Respondent being a Gramin Dak Sevak/Branch Post Master misappropriated public funds - Passbooks of account holders were stamped with receipt of amount with no corresponding entries in books of accounts maintained in post office - Documents on record clearly established factum of embezzlement - Mere deposit of embezzled amount will not absolve an..........
Double jeopardy -- Respondents after initiating an action on their own in a different country and having concealed the dismissal of criminal complaint and appeal thereafter, along with dismissal of civil suit filed by them, cannot file subject complaint in India, that too through a Power of Attorney holder - Continuing criminal proceedings against appellants would be an..........
Service -- Appointment on basis of forged degree/certificate - Fact that degree/certificate in question is forged and fabricated not controverted by respondent - Thus, no holding of a departmental inquiry in the particular facts and circumstances of case may not be a factor to vitiate final order of dismissal from service passed against respondent - Order of dismissal of..........
