Indian Penal Code, 1860, Section 354(A), 354(B), 376, 323, 506, 34, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 354(A), 354(B), 376, 323, 506, 34, 498-A IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - There was delay of at least four months in lodging FIR - Apart from the verbal allegations, there is nothing on record to connect petitioners with the..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Marriage of husband and wife was solemnized in year 2008 and they are living separately since 2012 i.e. around 12 years - Matrimonial bond is completely broken and is beyond repair - This relationship must end as its continuation is causing cruelty on both sides - Marriage between..........
Prevention of Money Laundering Act, 2002, Section 4, 44 -- Offence u/s 4 of the Act - Bail - Scheduled offence was not in existence when complaint u/s 44 of the Act was filed - Considering the long period of incarceration and continuation of custody of accused will be violation of their right u/art 21 of Constitution - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of proceedings - Compromise - Cheating - Matter compromised between borrowers and Bank - Loan account of borrower closed upon payment of amount - Possibility of conviction of accused is remote and bleak - Continuation of criminal proceedings would put accused to great oppression..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - If I.O. after filing the final report, obtains further oral or documentary evidence then only direction for further investigation can be passed - It is continuation of previous investigation...........
Central Goods and Services Tax Act, 2017, Section 107 -- Appeal - Order of assessment - Petitioner paid the 10% of disputed tax as required u/s 107 of the Act - No further tax can be recovered from petitioner in pursuance of order of assessment under appeal - In such circumstances, continuation of order of attachment and Garnishee is clearly impermissible and held, set..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Matrimonial dispute - Compromise arrived at between husband and wife - Wife has received a sum of 11 lacs towards her entire maintenance/permanent alimony from husband and a decree of divorce on account of mutual consent is also passed by concerned Family Court - Since wife has reaped all benefits from the..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Enquiry U.O.20.R.12 CPC is continuation of the suit and is in the nature of preparation of final decree - Therefore, any application moved as a reminder for completing the inquiry is neither barred by limitation nor liable to be dismissed on the ground of delay or laches...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR can be quashed even when charge sheet is filed, provided a satisfaction is reached, inter alia, that either FIR and charge-sheet read together, even when accepted as true and correct without rebuttal, does not disclose commission of any offence or that continuation of proceedings arising out of such an FIR..........
Criminal Procedure Code, 1973, Section 439(2), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Ex parte ad interim stay of operation of an order granting bail till disposal of application for cancellation of bail - As a normal rule, ex-parte stay of the bail order should not be granted - Said power can be exercised only in rare and very..........
