Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 447 -- Quashing of FIR - Cheating - Allegations contained in FIR constitute prima facie offence against petitioner - Whether dispute between parties is of civil nature or not can only be ascertained after parties lead evidence - Investigation into allegations levelled in FIR already..........
Criminal Procedure Code, 1973, Section 482, 389 -- Recall of order - Accused seeking bail pending appeal - Appeal dismissed by entering into merits of case - Right of accused prejudiced - Impugned order recalled in exercise of inherent powers of Court u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3) -- Registration of FIR - Powers of Magistrate - Guidelines for application of judicial mind by Magistrate while invoking powers u/s 156(3) Cr.P.C. : (a) Magistrate should be advised to verify truth and veracity of allegations, regard being had to nature of allegations of case (b) there has to be prior applications u/ss 154(1),..........
Civil Procedure Code, 1908, Section 151 -- Striking off defence - Non-payment of maintenance amount - If husband has willfully failed to make payment of maintenance and litigation expenses to wife, his defence can be struck off in exercise of powers u/s 151 CPC...........
Probation of Offenders Act, 1958, Section 4(1)(2), Indian Penal Code, 1860, Section 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Application to call report of probation officer - Outraging modesty of woman - Accused sexually assaulted minor girl and outraged her modesty for which he has been tried - Offences committed by accused involves moral..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Allegation about commission of Domestic Violence is pre-requisite for Magistrate or Court of competent jurisdiction to exercise powers under the Act and grant of any reliefs contemplated under the Act...........
Medical Council of India Act, 1956 -- Admission - Post Graduate Courses - Claiming reservation or separate source of entry for i, service candidates by way of interim relief - Regulation 9 of Post Graduate Medical Education Regulations 2000 does not provide reservations for i, service candidates - There is only prescription of incentive marks to i, service candidates -..........
Service -- Judicial service - Regularization - Ad hoc Additional Sessions Judge - Petitioners were appointed Additional Deputy Commissioners with powers of Additional Sessions Judge on contract basis - R.7 Proviso of State Judicial Service Rules never gave any mandate that petitioners had to be necessarily absorbed in regular service - Only right of consideration was there..........
Criminal Procedure Code, 1973, Section 482, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Quashing of complaint - Maintainability - Complaint under the Act - Earlier also husband filed criminal miscellaneous petition challenging orders passed by Appellate Court by which they summoned to appear as well as order restraining husband from dispossessing..........
Constitution of India, 1950, Article 32, 124, 217 -- Writ petition - Petitioner/lawyer seeking framing of Rules for Constituting Benches and allocating jurisdiction in Supreme Court and High Court - Constitution of Benches in particular manner lies exclusively in domain of prerogative powers of CJI - Since every Judge appointed u/art.124 of Constitution is vested with..........
