Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307 -- Quashing of FIR - Compromise - Offence u/s 307 IPC - Case is under investigation and no final report is filed - Quashing of FIR on the submission that parties resolved their dispute could not be considered at the crime stage, since such an exercise in cases involving offence u/s 307 IPC is..........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process - Original complaint filed u/s 156(3) Cr.P.C was considered to be complaint by Magistrate and after disapproving final report proceeded to issue process after considering statements recorded u/ss 200, 202 Cr.PC - There is thus, sufficient ground to proceed u/s 204 Cr.P.C - No illegality in order of summoning..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 323, 504, 506, 143, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - Clash between two groups and there is murder of each person in each group - There is not only damage to public property but also damage..........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Negative final report was not accepted by Court below - Suspicion against accused exists - Court below passed detailed, speaking and well reasoned decision of taking cognizance against accused - No case is made out for interference in said order o taking cognizance...........
Armed Forces (Special Powers) Act, 1958, Section 6 -- Sanction for prosecution - Murder case - Mandatory previous sanction as required u/s 6 of the Act has not been obtained - Interim order passed staying further proceedings pursuant to FIR/Final report of Special Investigation Team/Charge sheet...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance claim - Repudiation - Delay on the part of Insurance company in securing Final Survey Report and further delay in issuing letter of repudiation, cannot per se lead to complaint being allowed...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of Final report - Prosecution nothing but malafide one - Final report quashed...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Document sought to be produced on record is report of handwriting expert - Once Court has dismissed the application u/s 45 of Evidence Act, Court cannot permit a document to be placed on record, which is obtained by a party, relating to same issue for which earlier prayer has been made and..........
Tender -- Supply of coal - Deduction of washing charges - When CAG report was first submitted, appellant itself had raised objections to quantification of coal rejects arrived at by CAG - However, when audit objections were rejected by CAG and final report was made available, appellant demanded reimbursement from KEMTA based on same CAG report to which it had filed..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 22 -- Proceedings under the Act - Domestic Incident report - S.12 of the Act does not make it mandatory for a Magistrate to consider Domestic Incident Report filed by a Protection Officer or service provider before passing any order under the Act - Even in the absence of Domestic Incident Report,..........
