Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 341, 427, 458, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Quashing of FIR - Compromise - Offence u/ss 323, 341, 427, 458 IPC and S.3(2)(v) of SC/ST Act - FIR can be quashed even in offences under SC/ST Act - However, compromise must be with..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Respondent has a direct interest in the land in dispute - Respondent rightly impleaded...........
Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Indian Penal Code, 1860, Section 323, 504, 506, 427, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(va) -- Offence u/ss 323, 504, 506, 427 IPC and S.3(2)(va) of SC/ST Act - Civil and criminal proceedings - Criminal proceedings has only been initiated by filing complaint after eviction order passed in civil proceedings - It is a..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence at the belated stage - Parties have resolved their dispute amicably and complainant does not wish to continue the proceedings - However, since dispute is been resolved after long lapse of time and precious time of Courts have been spent by parties, it is deemed appropriate to..........
Indian Penal Code, 1860, Section 419, 465, 120B -- Cheating - Quashing of proceedings - Civil dispute - Entire allegations made in the complaint pertain to civil dispute and civil proceedings are actively under consideration before respective civil Courts - Except the allegation that petitioners are close relatives of A-3, no other specific allegation was made against..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of partition suit - Dismissed in default after passing of preliminary decree - Suit dismissed due to non-appearance of counsel for plaintiff though suit proceedings were being regularly adjourned for last nine years awaiting orders from High Court - Merely non-appearance of plaintiff or his counsel on one occasion..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of partition suit - Dismissed in default after passing of preliminary decree - Suit dismissed due to non-appearance of counsel for plaintiff though suit proceedings were being regularly adjourned for last nine years awaiting orders from High Court - Merely non-appearance of plaintiff or his counsel on one occasion..........
Matrimonial dispute -- Deposit of amount - When there is no settlement in between the parties, Court shall not accept any deposit in the name of either of parties - In such event, deposit shall be made in the name of concerned Family Court or Matrimonial Court - Family Court or Matrimonial Court can release the amount in favour of either of the parties - Deposit be..........
Practice and procedure -- Jurisdiction of Court by consent of parties - Court/Authority having no jurisdiction in the matter cannot be conferred jurisdiction by parties with their consent and order passed by said Court/Authority having no jurisdiction over subject matter is a nullity in the eyes of law. Legal Services Authorities Act, 1987, S.20 - Award of Permanent Lok..........
