Constitution of India, 1950, Article 226 -- Quashing of complaint - Complainant had given up his rights under agreements to sell on the basis of which complaint was filed - Continuation of complaint would be nothing but an abuse of process of law - Complaint quashed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Both parties unable to lead a meaningful matrimonial life due to inherent differences of opinion - Where one party is seeking separation, while other is not ready for it, this situation creates mental agony and cruelty for spouse who is denied separation - Forcing the continuation of marriage under..........
Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 6, Prohibition of Child Marriage Act, 2006, Section 3 -- Kidnapping and rape - Victim was a minor when she eloped with petitioner and may be when they solemnized their marriage - However, victim stated that she is happily living with petitioner and the two children,..........
Prevention of Corruption Act, 1988, Section 7(a) -- Illegal gratification - Accused though exonerated from departmental proceedings yet competent authority proceeded to accord sanction for prosecution - Said fact was not considered by High Court while quashing FIR - Moreover, continuation of trial was not on the very same evidence as what weighed with authorities in..........
Service -- Merger of teaching posts of Centre into regular establishment of University - Appellants were appointed to respective posts by University through a proper selection process and they possess relevant qualifications as per norms of UGC - They along with other teachers also made a representation to Vice Chancellor for their continuation after merger - Appellants..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 406, 504, 506 -- Quashing of proceedings - Cheating - Allegations made in the FIR even if taken at its face value, do not disclose the commission of an offence to make out a case against accused - Continuation of proceedings would not be in the interest of justice and..........
Indian Penal Code, 1860, Section 376, 506 -- Rape - Compromise - Victim stated that she was forced to solemnize marriage against her wishes with accused - Physical relationship between accused and victim was thus, after said marriage - Moreover, now victim herself does not want to proceed further with the proceedings, as she stated that they have mutually obtained divorce..........
Service -- Misconduct - Disciplinary proceedings and criminal proceedings - Stay of disciplinary proceedings - Delinquent employee unable to show how initiation of criminal proceedings or simultaneous continuation of both proceedings prejudiced him - Even, no specific plea of postponement of disciplinary proceedings awaiting conclusion of a criminal trial was made - It is..........
Arbitration and Conciliation Act, 1996, Section 11(6), Limitation Act, 1963, Article 137 -- Appointment of arbitrator - Limitation - Continuation of negotiations - Mere negotiations will not postpone "cause of action" for the purpose of limitation...........
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..........
