Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Genuineness and legality - Application for compromise duly signed by parties and their respective counsel - Civil Judge, after being satisfied with genuineness and legality of settlement, passed an order recording compromise - Contents of compromise containing terms of settlement were read over before..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Cheque dated 13.09.2010 was presented in bank and intimation of dishonouring of cheque was received on 22.09.2010 - Notice of demand was issued on 04.11.2010 - Held, notice has been issued after lapse of 30 days from date of intimation received by opposite party - Furthermore,..........
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 62, 47 -- Person with disability deprived of his rights under the Act - Commissioner on a complaint by disabled person or anybody on his behalf or suo motu, to take up the matter with appropriate authorities for restoration of such rights...........
Criminal Procedure Code, 1973, Section 468(3) -- Limitation - Complaint u/ss. 149, 323, 354 & 504 IPC and S.3(1)(x) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act - Punishment provided under IPC for these offences is less than three years but in SC/ST Act is of five years - According to S.468 IPC if offence is punishable by a sentence longer than..........
Criminal Procedure Code, 1973, Section 197 -- Prosecution of public servant - Complaint u/ss. 149, 323, 354 & 504 IPC and S.3(1)(x) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act - Allegation against petitioner & others that they verbally abused complainant and his wife and that they had called them names with regard to their low caste status and had..........
Criminal Procedure Code, 1973, Section 190 -- Order taking cognizance - Complaint u/ss 149, 323, 354 & 504 IPC and S.3(1)(x) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act - Prima facie offence under these sections made out - Merely because Magistrate did not send complaint for further investigation by police, action taken by Magistrate in recording..........
Protection of Women From Domestic Violence Act, 2005, Section 13(1), Criminal Procedure Code, 1973, Section 482 -- Domestic violence - Quashing of complaint and subsequent proceedings - Matter compromised and settled between parties with the help of mediation - There exists no scope of any future proceedings in the matter as it would amount to creating consternation to the..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonor of cheque - Complaint - Quashing of - Petitioner No.1 had resigned from firm nearly one year prior to issuance of cheques - Held, it cannot be said that he was responsible for issuance of cheques or that he was incharge and responsible for day-to-day affairs of firm -..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonor of cheque - Complaint - Quashing of - Petitioner No.2 was authorized signatory of company - Except issuance of covering letter on behalf of company, there is no allegation of either issuance of cheques or being incharge of day-to-day affairs of company - Complaint..........
Indian Penal Code, 1860, Section 420, Punjab Panchayat Raj Act, 1994, Section 4(2), 5, 44, 51, 71, 77 -- Embezzlement to the tune of 30 lakhs on the pretext of sending son of complainant to America for permanent job - Jurisdiction of Panchayat to try the offence - Held, (i) There is no bar for investigating any offence by the police including the offences mentioned in the..........
