Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 188 -- Cognizance of offence - Offence u/s 188 IPC - No Court can take cognizance of offence u/s 188 IPC in the absence of written complaint by officer authorized for that purpose in view of specific bar of S.195 Cr.P.C - Provision of S.195 Cr.P.C. is mandatory and non-compliance of it would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Time barred claim - Elaboration of pleadings and consequential prayer sought by way of amendment being only an extension of original pleadings - Amendment introducing claims which are time barred can be allowed, as there is factual basis in original plaint and no new case is being set up by plaintiff -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Without seeking consequential relief of possession - Suit filed by plaintiff is not merely for declaration but consequential relief including suit for permanent injunction and damages has been sought - It is thus, wrong to allege that it is a suit for mere declaration without consequential relief..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay in registration of FIR by itself cannot be a ground for quashing FIR - However, delay with other attending circumstances emerging from record of the case rendering the entire case put up by prosecution inherently improbable, may at times become a good ground to quash FIR and consequential..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Quashing of FIR - Rape - Prosecutrix aged 17 years and 10 months lodged a computerized complaint in police station - Court after looking into the physical and mental development of an adolescent of that age group,..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of proceedings u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration with consequential relief of permanent injunction - Plaintiff challenged the release deed among blood relations - It is specific assertion made in the plaint about release deed that it is illegally and fraudulently got executed and registered without consideration - Possession not claimed by..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Suit for declaration, correction in the revenue record, partition and permanent injunction - Agricultural lands - Ancestral properties - S.207 of Act of 1955 provides that cognizance of any suit or application qua which relief could be granted by a Revenue Court..........
Specific Relief Act, 1963, Section 38 -- Suit for possession and injunction - Land in question was an agricultural land qua which suit before Revenue Court for declaration of Khatedari rights had already been preferred by plaintiff and same is pending consideration - Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts - It..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Petitioner is in Canada since 2015 - No notice/proclamation was served upon him at the place of his residence and he was wrongly declared proclaimed offender vide impugned order in breach of prescribed procedure u/s 82 Cr.P.C - Order of declaring petitioner as proclaimed offender quashed along with all..........
