Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 45 -- Rebuttal evidence - Recording of statement of fingerprint and handwriting expert - Order was passed in an application for taking specimen handwriting of defendant no.2, that same would be taken up at the time of evidence of plaintiff - However, evidence of plaintiff had been closed and in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, 29, Indian Penal Code, 1860, Section 420, 465, 468, 471, 120B, Arms Act, 1959, Section 25 -- Bail - Contraband - Cheating - Petitioner has already suffered incarceration for a period of more than 5 years, 4 months and 19 days - Investigation was..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of proceedings - Sanction to prosecute - Going into merits of sanction at this stage - Finding regarding legality, validity or delay in grant of sanction, at this stage are premature - Validity of sanction is an issue that must be examined during course of trial - Order..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of FIR - Mere delay in grant of sanction for prosecuting a public authority is not a ground to quash a criminal case...........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of proceedings - Validity of sanction to prosecute - Inherent power u/s 482 Cr.P.C. invoked after dismissal of discharge application and consequent revision petition - Order quashing proceedings, on the ground that sanction to prosecute is illegal and invalid, set aside..........
Indian Penal Code, 1860, Section 500, 120B, Information Technology Act, 2000, Section 66, 67 -- Defamation - No material brought on record to even prima facie indicate that petitioners had reported or published imputation concerning complainant to harm his reputation or knowing or having reason to believe that it would cause harm to his reputation - Proceedings quashed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Recovery suit - Suit barred u/s 446 of Companies Act - Suit was filed subsequent to the date of winding up order passed by High Court - Official Liquidator was also appointed and he had taken into his custody all the properties of company - Once liquidation proceedings are initiated against Company, no..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Allegation that A-1 being tax Inspector demanded Rs.2500 as bribe to process application for transfer of ownership in the name of daughter of complainant - Admittedly, it is within the knowledge of complainant that A-1 was not competent to issue mutation..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- (Bhartiya Nagarik Suraksha Sanhita, 2023, S.223) - Dishonour of cheque - Cognizance of offence - Magistrate can take cognizance of an offence punishable u/s 138 of N.I Act based on a complaint filed u/s 200 Cr.P.C (S.223 BNSS) - After a complaint is filed Magistrate is duty-bound..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Reliance on certain documents - Accused demanded those documents and reserved her right to give reply to demand notice after receiving the documents - However, documents were not provided to accused - Magistrate could have dismissed the complaint by..........
