Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Single Judge while quashing proceedings u/s 420 IPC gave no reasons as to why material collected by investigating agency which has been placed before Single Judge was not sufficient to constitute an offence punishable u/s 420 IPC - Single Judge thus, acted in a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Order of dismissal of application U.O.7.R.11 CPC - Revision - Maintainability - Petitioner approached u/art 227 of Constitution against order of dismissal of application U.O.7.R.11 CPC and not u/s 115 CPC - Revision petition u/art 227 of Constitution is maintainable against an order of dismissal of an application U.O.7.R.11..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Instead of determining `whether or not there is sufficient ground for proceeding against accused', based on the material, it asked wrong question as to whether that would warrant a conviction - Order quashing proceedings set aside...........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of proceedings - Sanction to prosecute - Going into merits of sanction at this stage - Finding regarding legality, validity or delay in grant of sanction, at this stage are premature - Validity of sanction is an issue that must be examined during course of trial - Order..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of proceedings - Validity of sanction to prosecute - Inherent power u/s 482 Cr.P.C. invoked after dismissal of discharge application and consequent revision petition - Order quashing proceedings, on the ground that sanction to prosecute is illegal and invalid, set aside..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Recovery suit - Suit barred u/s 446 of Companies Act - Suit was filed subsequent to the date of winding up order passed by High Court - Official Liquidator was also appointed and he had taken into his custody all the properties of company - Once liquidation proceedings are initiated against Company, no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Setting criminal law in motion by suppressing material facts and documents is nothing but an abuse of process of law - Complaint and order taking cognizance quashed...........
Prevention of Corruption Act, 1988, Section 7, 17A -- Offence u/s 7 of the Act - Order framing charges - Prior approval u/s 17 of the Act is not taken - However, acquisition of approval u/s 17-A of the Act does not necessarily invalidate entire order but may allow for corrective measures - Moreover, sanction can be sought at the stage of charge u/s 19 of PC Act, thus..........
Service -- Seniority - Change of cadre - At the request of employee on medical grounds - Respondent accepted the appointment after consenting to be placed before the last person in the transferred post, which position is recorded in the order dated 19.04.1989 itself - Seniority has to be with effect from 1989 only which is in consonance with recruitment Rules - Tribunal as..........
Criminal Procedure Code, 1973, Section 50 -- Grounds of arrest - Non compliance of mandate of S.50 of the Code - Arrest followed by consequential remand order set aside...........
