Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257 -- Dishonour of cheque - Petitioner willingly paid amount of Rs.1 lakh to complainant - Complainant was permitted to withdraw complaint and accused was acquitted - Accused filed application for refund of amount deposited - There was no condition precedent that in the event of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 506 -- Quashing of proceedings - Offence u/ss 448, 506 IPC - Long standing civil dispute between parties - Respondent No.2 is in the habit of filing false cases against appellants and his family members - Allegations in the FIR are totally absurd - When respondent No.2 has not filed any suit,..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties are living separately since 2021 - Mediation took place between parties with agreement to dissolve the marriage and withdraw the criminal cases pending between them - There is thus, no occasion to direct petitioner to wait for cooling off period as..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - State has power to withdraw prosecution at two stages, one is before framing of charge or after framing of charge...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Applicant is a history sheeter having 32 cases against him and no reason was assigned in the application filed by public prosecutor u/s 321 Cr.P.C. for withdrawing the prosecution against applicant - If prosecution is permitted to withdraw case against such type of person on the basis of unreasoned..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh - Limitation - Once the permission is granted to withdraw the suit with liberty to file fresh suit, law of limitation will apply only as if the very suit after granting permission by Court has been instituted afresh...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Law as to : (i) All amendments are to be allowed which are necessary for determining the real question in controversy provided it does not cause injustice or prejudice to the other side; (ii) applications U.O.6.R.17 CPC should be ordinarily allowed if amendment is for effective and proper adjudication..........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Plaintiff not abandoned or withdrawn the suit - There is no question of transposition of defendant as plaintiff - However, if at any stage, plaintiff seeks to withdraw or abandon the claim or is not conducting the suit further, then at that stage, it will be open for trial Court to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused deposited cheque amount of Rs.6,50,000 along with 12% simple interest p.a from the date of cheque till date of actual payment besides a sum of Rs.1 lakh payable additionally - There is thus, no point in restoring the proceedings - Despite lack of consent of complainant, it is a fit case to..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 13, Mineral (Auction) Rules, 2015, Rule 10, Constitution of India, 1950, Article 142 -- Mining lease - E-auction - Rectification of bid - Bid of 140.10% offered by appellant within four minutes of last bid of 104.05% - There was sufficient material to suggest that appellant did not consciously enhance its..........
