Motor Vehicles Act, 1988, Section 7, 8(3), 9, 27 -- Public Interest Litigation seeking direction to grant driving licenses to deaf persons and for quashing of policy decisions restraining or creating any kind of restriction on part of deaf persons to get driving licenses - Held, persons who are totally deaf cannot be granted driving license - However, if such persons..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant filed private complaint u/s.200 Cr.P.C. for offences u/s.120(B) & 420 IPC r/w S.138 of N.I. Act against husband of petitioner as A1 and petitioner as A2 - Statutory notice was issued for offence u/s.138 of N.I. Act -..........
Indian Penal Code, 1860, Section 500, Criminal Procedure Code, 1973, Section 482 -- Defamation - Quashing of proceedings - Allegations that advertisement published by petitioner Co. with Associated Traders amounted to disparaging respondent's product - Associated Traders categorically admitted that advertisement in question was taken out by it on its own and petitioner Co...........
Criminal Procedure Code, 1973, Section 125, 482 -- Maintenance - Grant of - Quashing of order - Quashing of order granting maintenance to wife sought on the ground that wife has solemnized 2nd marriage - Held, this is a question of fact and can be well examined by Court below in view of provisions u/s 125 of the Code itself - Such fact cannot be examined by High Court..........
Land Acquisition Act, 1894, Section 4, 6, 5A, 17 -- Land acquisition - Notification u/s 4 quashed with liberty to issue a fresh notification - Fresh notification issued after 3 years invoking emergency clause - Time gap of 3 yeas between quashing of first notification and issue of second notification is too long to justify invoking of urgency clause - This is clearly..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Allegations that petitioner circulated pamphlet in and around town with a view to promote enmity, hatred and ill will among different communities besides defaming them - After investigation, investigating agency submitted charge-sheet u/ss 500 and 505 of Indian Penal Code against petitioner..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- Quashing of order - Accused allegedly tortured victim on account of non-fulfillment of dowry demand - Magistrate, having found prima facie case against accused, took cognizance u/s 498-A Indian Penal Code, vide impugned order - Held, impugned order of Magistrate cannot be sustained under..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 406 -- Quashing of complaint - Offence u/ss 420, 406, 467, 468 IPC - Property in dispute was gifted to son of petitioner by her father - As per complaint, Petitioner No.1 being guardian of her minor son executed sale deed in favour of complainant/petitioner no. 2, after taking..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 307, 34 -- Quashing of FIR - Matrimonial dispute resulting in the lodging of FIR u/s 307 IPC - Quashing of FIR sought on the ground that parties have sorted out their matrimonial dispute and are living together - Held, quashing of FIR will bring the two families together and will also help them..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Corruption case - Trap organised but failed - Efforts to bribe made but admittedly no bribe was taken - Relevant certificate issued but no bribe or illegal gratification offered and accepted - No foundation for commission of any offence - FIR quashed...........
