Criminal Procedure Code, 1973, Section 482, Haryana Urban Development Authority Act, 1977, Section 17 -- Quashing of resumption order - Failure to pay due amount towards allotment of plot - Respondents had issued exceptions in guidelines with regard to no, payment of allotment amount if allottees has to incur major financial expenditure on treatment of serious diseases..........
Criminal Procedure Code, 1973, Section 439 -- Anticipatory Bail - Rule - Grant or refusal of such bail depends on variety of circumstances, cumulative effect of which, should enter judicial verdict - Power to grant bail is to be exercised sparingly and in exceptional cases keeping into focus facts and circumstances of each case - That investigation is in province of police..........
Criminal Procedure Code, 1973, Section 446, 482 -- Quashing of Order - Accused absented - Intentional or Unintentional - Accused was arrested in another theft case and was confined to jail - Circumstances were beyond the control of appellant - Appellant placed on record final report and memo of arrest which shows due to involvement of accused in theft case, he was unable..........
Criminal Procedure Code, 1973, Section 82, 482 -- Quashing of order - Proclaimed offender - Plea of summons issued on previous address - Material available on record reveals petitioners are very much aware of criminal Proceedings pending before court - First time final report was presented before area judicial magistrate and since then petitioners were tracking proceedings..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Power of Court of Appeal - Even in absence of any cross-objections or appeal, the first Appellate Court pass an order on the basis of evidence on record...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 482 -- Dishonour of cheque - Application of respondent firm seeking permission of Court to lead evidence of one of partners of firm to prove some facts, allowed by Magistrate - Quashing of order - Applicant did not challenge the said order and also participated in the proceedings -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 482 -- Dishonour of cheque - Additional evidence - Application of respondent firm to examine its banker as a witness allowed by Magistrate - Validity - `A' always claimed to be partner of complainant-firm which claim was disputed by applicant - If any additional evidence was sought..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Non grant of benefit of ACP - Delay and laches - Petitioner was not granted 3rd ACP and increment, which was due in year 2006 - Petitioner retired from service in year 2008 - Petition filed in 2015 claiming benefit which allegedly accrued to petitioner in year 2006 - Petition filed after more than 6 years of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A, 201, 467, 471 -- Quashing of FIR - Death due to medical negligence - Complainant alleges that deceased died due to medical negligence on the part of petitioner and in order to cover up the negligence, false report had been prepared - Petitioner was not found guilty as per two enquiries..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment in plaint - Trial has already commenced and suit was decided against petitioners - The facts have been noticed and the question of due diligence does not arise as parties were well aware of their rights inter se themselves - Amendment would change the very nature of the controversy and issues would have to be recast..........
