Criminal Procedure Code, 1973, Section 173(8), 397 -- Further investigation - Dismissal of application filed by prosecution - Revision by de facto complainant is maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for want of prosecution - Perusal of order shows that on each date of hearing petitioner was represented by his counsel and on 18.11.2019, petitioner himself was appeared before trial Court - But non-appearance of petitioner or his..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, Dishonour of cheque -- Dismissal of complaint in default - Complaint cannot be dismissed u/s 256 Cr.P.C for absence of complainant if the matter is for return of summons, as presence of complainant was not required for that day - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Accused was not physically present on the date of passing impugned order of dismissal of case - Magistrate passed the order of dismissal of case without performing an opinion that there is no good reason to adjourn hearing..........
Service -- Misconduct - Dismissal - Misappropriation of Rs.10 lakhs - Delinquent officer prepared false document and went to Branch for withdrawing cash and took Rs.10 lakhs and said amount was not deposited with Bank - This shows criminal mind/conduct on the part of delinquent officer - Order of dismissal from service cannot be said to be disproportionate to charge and..........
Civil Procedure Code, 1908, Section 10 -- Stay of execution petition - Both the execution petitions arise out of decree of different nature - Merely because subject matter of execution is common, provision of S.10 CPC are not attracted - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dismissal of application - Case of grant of interim injunction in favour of petitioner is made out as all ingredients of first principles thereof are satisfied i.e. a) prima facie case of triable issues is made out b) balance of convenience is in favour of petitioner c) demolition of house in..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2 years 29 days in filing application to restore suit dismissed in default - Plaintiffs were not informed by advocate representing them about dismissal of suit - Immediately on coming to know about such dismissal of suit, plaintiffs acted upon and filed necessary application - Delay condoned subject to cost..........
Service -- Reinstatement with 50% back wages - Total period of service rendered by employee before his dismissal from service was about 15 years from 1974 to 1989 and he attained age of superannuation in Feb 2013 - Employee was out of employment for 24 years - High Court has taken this factor into consideration for limiting back wages only to 50% - Order of High Court..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false complaint - Mere acquittal or dismissal of complaint per se would not be sufficient to reach a conclusion that complaint was false or fictitious...........
