Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 34 -- Quashing of proceedings - Offence u/ss 498-A, 406, 34 - Complaint filed against husband after taking divorce by wife - Proceedings initiated by wife under Domestic violence Act also which culminated in dismissal of proceedings on merits - Proceedings quashed...........
Drugs and Cosmetics Act, 1940, Section 32 -- Prosecution under the provisions of the Act on the basis of complaint by Police Inspector is legally invalid...........
Protection of Children from Sexual Offences Act, 2012, Section 8, Indian Penal Code, 1860, Section 354B, 448 -- Sexual assault - Mother of victim corroborated the contents of written complaint and she stated that victim narrated the whole incident to her and thereafter she also narrated the same to her husband - Alleged sexual assault could not be disputed in spite of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of date of cheques - Date of cheques wrongly mentioned in complaint, notice and even in affidavit filed in support of complaint - Same cannot be said to be a simple or curable infirmity but relates to a substantial infirmity - Amendment at the stage when summons have..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court will not be justified in embarking upon an enquiry as to reliability or genuineness or otherwise of allegations made in the FIR or complaint...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2003, Section 45, 3, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Bail - Offence u/s 3 of PMLA and Ss. 13(1)(e), 13(2) of P.C. Act - Accused failed to satisfy that there are reasonable grounds for believing that they are not guilty of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - No averment in the complaint to the effect that appellant is in-charge of and responsible for day to day affairs of company - It is not the case of complainant that appellant is either Managing Director or Joint Managing Director of Company -..........
Criminal trial -- Compromise - Dispute primarily of civil in nature - Additional amount paid by accused as per settlement - Plea by complainant that he was coerced into the settlement - Plea of coerced looks unlikely for two reasons - First there is no FIR or complaint that complainant was coerced into the settlement and secondly additional amount was duly accepted by..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Home loan - Interest rate - Dispute as to - Terms and conditions of agreement - Agreement when executed and loan amount received appellant cannot raise any objection for the first time when rate of interest was increased after having acquiesced by signing the agreement - Appellant having repaid the loan..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed within one month of accrual of cause of action - No fault can be found, on the ground of limitation, with the summoning order...........
