Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 482 -- Dishonour of cheque - Application of respondent firm seeking permission of Court to lead evidence of one of partners of firm to prove some facts, allowed by Magistrate - Quashing of order - Applicant did not challenge the said order and also participated in the proceedings -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 482 -- Dishonour of cheque - Additional evidence - Application of respondent firm to examine its banker as a witness allowed by Magistrate - Validity - `A' always claimed to be partner of complainant-firm which claim was disputed by applicant - If any additional evidence was sought..........
Criminal Procedure Code, 1973, Section 482, Limitation Act, 1963, Article 122 -- Quashing of order - Calculation of limitation period - Accused company was summoned on 26.09.2011 to face trial - Summons were not received back - Since the presiding officer was on Ex-India leave, so the file was placed before and fresh notice was again ordered to be issued - Accused company..........
Indian Penal Code, 1860, Section 498A, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of proceedings - Petitioner an advocate by profession, representing case of husband in a case of divorce - Petitioner living separately from family members of husband and not directly related to them..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Offence u/s 498-A IPC and u/ss 3 & 4 of Dowry prohibition Act - Compromise - Parties entered into compromise and settled their disputes amicably through process of mediation which is not challenged - For bringing peace..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 29, 68A, 68E, 68F, 68G, Criminal Procedure Code, 1973, Section 451, 482 -- Recovery of contraband - Forfeiture of property derived from or used in illicit traffic - Authority passing order under chapter V-A of NDPS Act - Court can refuse to release article in interim custody u/s 451 of Code - Power cannot..........
Criminal Procedure Code, 1973, Section 482, 320, Indian Penal Code, 1860, Section 336, 506, 34, Arms Act, 1959, Section 25, 27 - - Offence u/ss 336, 506, 34 IPC and Ss.25, 27 Arms Act - Dispute between landlord and PG students - Compromise - Parties have amicably settled their disputes by virtue of compromise deed - Complainant has no objection in case criminal case..........
Indian Penal Code, 1860, Section 406, Dowry Prohibition Act, 1961, Section 6, Criminal Procedure Code, 1973, Section 482 -- Dowry demand or harassment - Quashing of proceedings - Distant relations - Mere naming of distant relations is not enough to summon them in absence of any specific role and material to support such role - Court has to be careful in summoning distant..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 20, Criminal Procedure Code, 1973, Section 482 -- Petition seeking various relief contemplated under Act of 2005 - Quashing of proceedings - Trial already concluded - There is no justification seeking quashing of proceedings - It would be appropriate for the petitioner to go before Trial Court and submit..........
Indian Penal Code, 1860, Section 376, 323, 451, Criminal Procedure Code, 1973, Section 164A, 482 -- Rape - Change of investigation - Prayer for fair, proper, impartial and expeditious investigation - Superintendent of Police directed to assign investigation to a Gazetted Woman Police Officer, who shall act fairly and impartially in the matter and submit the investigation..........
