Punjab Town Improvement (Utilisation of Land and Allotment and Plots) Rules, 1983, Rule 4 -- Notification No. 5/537/3CII-88/1604 dated 31.1.1989, clause (iv) - Allotment of plots in deserving cases at the discretion of competent authority - Gives unbridled discretion to competent authority - Wholly arbitrary and capable of abuse - Violative of Article 14 of Constitution...........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 320, 482 -- Offence u/s 498-A IPC - Not compoundable - However in the interest of justice and to prevent abuse of process of Court and to secure ends of justice, proceedings quashed in exercise of inherent jurisdiction of Court...........
Criminal Procedure Code, 1973, Section 482 -- Complaint - Quashing - Contradiction with regard to the date and time of occurrence in complaint petition and initial deposition - Two applications filed by complainant to withdraw complaint alleging the complaint allegations were false - Reasonable conclusion can be drawn that allegations made in complaint were not correct -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Wife consistently stating that she is ready to live with her husband - It is not the case of husband that his wife used to abuse him or hurl abuses upon his family members - Not in evidence that wife did not perform her matrimonial duties and did not behave as a dutiful wife - No sincere effort on the part of husband..........
Indian Penal Code, 1860, Section 406, 498A -- Dowry articles - Misappropriation - When allegations in the complaint are vague and are of general nature and no specific allegations are made as to which article of dowry was entrusted to which of the accused, then filing of complaint is an abuse of the process of Court and the same is liable to be quashed...........
Penal Code, 1860, Section 406, 498A,506,329 -- Quashing of complaint - No specific allegations made against petitioners - Allegations general in nature - Not mentioned as to which articles of dowry were entrusted to which of the accused - Allegations in the complaint held to be an abuse of the process of the Court - Complaint quashed...........
Complicated questions of law and facts -- Summary jurisdiction - Banking service - Alleged wrongfully passing of cheques by the Bank - Not a simple case where signature on the cheques have only to be identified to hold deficiency in service on the part of the Bank, its officials etc. - Complicated questions of law and facts involved - Such type of complaint cannot be..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Further evidence - Court should be liberal in permitting the parties to adduce such evidence as they wish to bring on record, provided it is not an abuse of process of Court or a part of delaying tactics...........
Constitution of India, 1950, Article 226 -- Abuse of process of law - Court duty bound to show petitioner exit door and also to burden him with heavy costs - Petition filed to perpetuate injustice - Dismissed with costs quantified at Rs. 25, 000/-...........
Criminal Procedure Code, 1973, Section 468 -- Haryana Development and Regulation of Urban Areas Act, 1975, Sections 3(i) and 10 - Cognizance of offences - Limitation - Quashing of FIR - FIR registered on 8.11.1983 for violation of provisions of Clause (i) of Section 3 of the 1975 Act - Challan submitted on 11.11.1986 - Delay not explained - Continuation of proceedings..........
