Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, Copyright Act, 1957, Section 63 -- Pre-charge evidence - Closing of - Petitioner was given 14 opportunities for producing pre-charge evidence - He has failed to produce any pre-charge evidence - Held, when enough opportunities were given to petitioner and he has not been able to produce..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Quashing of proceedings - Accused insulted informant by uttering words 'Harizan-Dusad MLAs' - Words uttered cannot be construed to mean that accused insulted or intimidated informant with a view to humiliate him being a member of SC or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Trial - Quashing of order summoning witness - Application filed by respondent/complainant u/s.311 Cr.P.C. was allowed whereby witness from Office of Registrar of Companies was allowed to be examined - Quashing of impugned order sought u/s.482 Cr.P.C. - Held,..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of - No denial of the fact that one of the directors who was not actually in charge of day to day affairs of petitioner No.1 company and died while another director resigned before cause of action..........
Criminal Procedure Code, 1973, Section 482, Prohibition of Child Marriage Act, 2006, Section 12 -- Petition for protection of life and liberty - Marriage against wishes of parents - Parents of the girl alleging girl to be less than 18 years of age and that marriage is void - Court in exercise of its inherent jurisdiction cannot go into the question of validity of marriage..........
Criminal Procedure Code, 1973, Section 482 -- Complaint filed against petitioner for an offence u/s 27 of the Act - Sample of drug was found non-standard - Shelf life of drug in question had already expired before petitioners intimated about the report of analyst - Held, there was an infringement of statutory right of petitioner u/s 25 of the Act, as there was no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 32A, Criminal Procedure Code, 1973, Section 482 -- Accused convicted u/s 18 of NDPS Act and sentenced to 10 years R.I. - Pre-mature release on ground of remissions granted by Government - Accused not entitled to remissions in view of bar contained in S.32-A of the Act - However, accused directed to be..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482, 320 -- Dishonour of cheque - Compounding of offence - Parties can be allowed to compromise and get offence compounded u/s 147 of Negotiable Instruments Act at trial stage or at appellate stage - Once proceedings at first instance or proceedings at appellate stage are over and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of criminal proceedings - Cheque issued for discharging liability - Cheque bounced due to insufficiency of funds - Accused absconding thereafter - Held, act of accused in issuing cheque without having sufficient funds and absconding thereafter by closing the business premises prima facie discloses fraudulent or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - A dispute regarding rendition and settlement of accounts amongst partners of firm which has been dissolved - As per petitioner, bank cheques retained by complainant-respondent during tenure of business of partnership concern, a false..........