Forest (Conversation) Act, 1890, Section 2(ii), 3A, 3B, Criminal Procedure Code, 1973, Section 482 -- Illegal mining - Protected forest - Cognizance - Quashing of proceedings - Petitioners have been made accused being officials of TISCO - Allegation has been leveled only against TISCO for carrying out mining operations in absence of any valid permission for the same - No..........
Essential Commodities Act, 1955, Section 6A, 6C, Criminal Procedure Code, 1973, Section 451, 457, 482 -- Release of vehicle - Alternative remedy - Exercise of inherent powers - Rejection of application for release of seized vehicle used for the purpose of transportation and selling of wheat belonging to Public Distribution System in open market - On revision order..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Agreement of sale executed between petitioner and respondent No.3 - Petitioner had issued cheques to respondent No.3 and impugned cheque for an amount of Rs.14,400/- was dishonoured on presentation before bankers on the ground of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Summoning order - Quashing of - Cheques issued by petitioner/husband to respondent/his wife got dishonoured - Evidence on record shows that cheques in question were issued by petitioner/husband towards his moral and social responsibility - Though..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Prosecution of directors - Validity - Only allegations against petitioners were that they were directors of accused company - Held, it cannot be said that the acts committed by them would sufficiently make out petitioners to be vicariously liable - It is..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482, 320, Constitution of India, 1950, Article 227 -- Dishonour of cheque - Compounding of offence - Offer of compounding offence made by petitioners has been rejected by respondent and consequently no compromise has been arrived at between the parties - Held, respondent cannot be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceeding - Quashing sought on the ground that cheque was not issued in discharge of a legal liability and was issued as a security - Held, this fact can be ascertained only after parties lead their evidence - This issue cannot be decided in a..........
Negotiable Instruments Act, 1881, Section 138, 256, Criminal Procedure Code, 1973, Section 482 - - Dishonour of cheque - Complaint - Dismissal for no, prosecution - Validity - Petitioner failed to appear on date fixed by trial Court because of wrong noting of date by his Counsel - Complaint dismissed for no, prosecution and accused acquitted - Held, it is a fit case for..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Indian Penal Code, 1860, Section 323 -- Criminal proceedings instituted with mala fide intention - Quashing of - Held, where a criminal proceeding is manifestly attended with mala fides and/or where proceeding is maliciously instituted with an..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Criminal proceedings - Quashing of - It is never the case of complainant that he was abused by petitioner in his official chambers in presence of others - Alleged abusive language never seems to have been made within public hearing or public..........
