Agreement to sell -- Specific performance - Discretionary relief - Both parties guilty of serious misconduct - Both of them abused the process of Court and initiated unnecessary and frivolous proceedings against each other - Both the parties took recourse to abuse of judicial process against the other upon suppression of material fact which amounts to fraud on Court -..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Parties compromised - Continuance of proceedings tantamounts to abuse of process of Court - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction of High Court - Exercise of power u/s 482 is an exception and not the rule - Provision of S.482 envisages three circumstances under which inherent jurisdiction may be exercised namely, (1) to give effect to an order under the Code, (ii) to prevent abuse of the process of court, and (iii) to otherwise..........
Criminal Procedure Code, 1973, Section 204, 482 -- Summoning order - Magistrate cannot review his order on an application by summoned accused - However, summoned accused can approach High Court to quash the proceedings - High Court can quash the proceedings in case it comes to the conclusion that continuation of proceedings is an abuse of the process of Court...........
Indian Penal Code, 1860, Section 376(2)(f) -- Sexual abuse of six year child - Reduction of sentence by High Court from 10 years RI to 5 years - Ground indicated was young age of accused and he being member of Scheduled Tribe - Reasons assigned are neither adequate nor special - Order of High Court is unsustainable - Judgment of High Court set aside and that of trial Court..........
Constitution of India, 1950, Article 32 -- Writ of Certiorari and / or Mandamus for quashing Session Trial u/s 366 and 368 IPC - Petitioner got married against wishes of her parents - Parents of girl opposed to intercaste marriage - Got registered F.I.R. against husband and his family members - A major woman is free to marry or live with anyone she likes - No bar to an..........
Consumer Protection Act, 1986, Section 2(1)(g), 21(a)(i), 26, Medical negligence -- Appeal Vexatious complaint - Costs - Due care and caution was not observed by the complainants in filing complaint - Even the non-production of record of AHMS, glaring inconsistency in between the stand taken by the complainant and the production of selectively torn document on record -..........
Criminal Procedure Code, 1973, Section 133, 397(3), 482 -- Second revision - Power under Section 482 Cr.P.C. has to be exercised sparingly and such power not to be utilized as a substitute for second revision - Ordinarily, when a revision has been barred under Section 397(3) of the Code, the complainant or the accused cannot be allowed to take recourse to revision before..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Land sold to someone else - No offence of cheating - Culpable intention at the beginning, when promise was made, cannot be presumed when there is failure to keep up promise subsequently - FIR is an abuse of process of law - FIR and all proceedings taken thereunder..........
Criminal Procedure Code, 1973, Section 258 -- Stop proceedings - Power of Magistrate to order - Power of Magistrate to stop proceedings to be exercised sparingly where proceeding with case would amount to abuse of process of law and resulting in undue harassment to the accused...........
