Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - From a bare perusal of FIR, it appears that it is a civil dispute relating to agreement to sell, which is given colour of criminal litigation - FIR quashed...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of divorce petition - Barred by Res judicata - First divorce petition filed by husband was dismissed as withdrawn when he was facing criminal trial - It is only after acquittal husband filed second divorce petition on subsequent event - Though there is a false statement in pleadings that first divorce..........
Criminal Procedure Code, 1973, Section 133 -- Public nuisance - Issuance of conditional order u/s 133(1)(a), (i) Cr.P.C - If an area is affected by traffic problem due to uncontrolled parking in a building premises, S.133(1)(a) or S.133(1)(b) Cr.P.C cannot be invoked by District Magistrate...........
Criminal Procedure Code, 1973, Section 133 -- Public nuisance - Issuance of conditional order u/s 133(1)(a), (i) Cr.P.C - District Magistrate cannot invoke S.133(1)(a) Cr.P.C to shut down a business, under the guise of removing obstruction or nuisance...........
Criminal Procedure Code, 1973, Section 133 -- Public nuisance - Issuance of conditional order u/s 133(1)(a), (i) Cr.P.C - Uncontrolled parking which affect traffic of a road is not injurious to health of physical discomfort of community, so as to invoke conditional order u/s 133(1)(a), (i) Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, 133 -- Quashing of conditional order passed u/s 133 Cr.P.C - When District Magistrate has no authority to issue such a conditional order, conditional order itself can be interfered by High Court invoking powers u/s 482 Cr.P.C - Conditional order quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of Income Tax Returns - Loan - Complainant stating that repayment made was towards interest whereas plea of accused that he was paying instalments towards the principal amount and not towards interest - Plea that ITRs for the relevant period do not..........
Criminal Procedure Code, 1973, Section 439 -- Bail granted when case was under investigation by Crime Branch - Case transferred to CBI for investigation - I.O. arrested the accused - Merely transferring of case to another agency for investigation and registration of crime by that agency will not empower that agency to arrest the accused, who is already on bail, without..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Dropped by Magistrate - There was no likelihood of breach of peace or a dispute regarding possession - Rather case in Revenue Court was decided by Court in favour of applicant - Magistrate rightly dropped the proceedings u/s 145 Cr.P.C - No interference warranted in it...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 13 injections of Buprenorphine 2ml and 13 injections of Pheniramine Maleate 10ml each - Charges framed - Prosecution evidence was already closed and proceedings are pending for defence evidence - Petitioner is behind bars for last more than 1..........
