Indian Penal Code, 1860, Section 363, 366, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Kidnapping - Victim had clearly stated that she was neither taken away nor induced and that she had left her home of her own free will - S.366 IPC would come into play only where there is a forceful compulsion of marriage, by kidnapping or by inducing a woman -..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - If title to property was basis of relief of possession, relief for permanent injunction can be said to be a consequential relief in a suit for substantive relief...........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction - Maintainability - Once plaintiff has failed to get any substantive relief of cancellation of sale deed and declaration relief, then consequential relief of permanent injunction must fail and plaintiff is not entitled to any permanent injunction against true owner...........
Indian Penal Code, 1860, Section 420 -- Cheating - Specific charge of forgery u/s 468 and 471 IPC is not proved - It is thus, difficult to prove consequential charge of cheating - Benefit of doubt thus, given to accused - Accused acquitted...........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment as plaintiff and consequential amendment - Interest in the shop devolved upon a person - He should be impleaded as a plaintiff - Consequential amendment of pleadings will be in the interest of justice - Basic parameters of suit not altered - There is nothing wrong in..........
Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Allegations made in FIR had an overwhelming and predominating civil flavor - Complainant already settled his score with main accused against whom proceedings have already been closed - There remains no justification to continue proceedings against..........
Family Courts Act, 1984, Section 7(d) -- Muslim Law - Extra judicial divorce - Endorsement of extra judicial divorce and consequential declaration of status of parties by Family Court invoking S.7(d) of Family Court Act is contemplated only to have a public record of extra judicial divorce - Hence, detailed enquiry is neither essential nor desirable in a proceeding..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Once a settlement is entered into in between the parties, the parties are bound by the terms of agreement and any violation of the same may result in consequential action in civil and criminal law...........
Consequential Order -- When original order is found to be without - jurisdiction, consequential order cannot be sustained...........
Service -- Regularization - Appellant appointed on a leave vacancy - Services of appellant regularized by High Court vide interim order - Said order attained finality being not challenged by State - Appellant held, entitled to be regularized with all consequential benefits...........
