Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When plaintiffs in plaint claimed that they gained knowledge of essential facts giving rise to cause of action only at a particular point of time, same has to be accepted at the stage of adjudication upon an application U.O.7.R.11 CPC...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 506 -- Cheating - Forgery - No element of dishonesty from inception specifically when parties have entered into business transaction after understanding terms of MOU/agreement duly signed and without any allegation of forgery in said document - There was thus, no material on record that any offence of forgery was prima..........
Constitution of India, 1950, Article 32, Indian Penal Code, 1860, Section 420, 405, 506(1) -- Special leave petitions - Locus standi - Order of quashing of complaint - Cash-for-job scam - Appellants who were more meritorious but did not get selected on account of being edged out by candidates who paid money and got selected are also victims of alleged corrupt practices and..........
Indian Penal Code, 1860, Section 420, 405, 506(1) -- Cash-for-job scam - Compromise - Quashing of proceedings - Persons who have adopted corrupt practices to secure employment fall under two categories i.e those who paid money and got selected and those who paid money but failed to secure employment - If persons belonging to second category are allowed to settle their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 750 gms opium/afeem - Bail - Non-compliance of mandatory provision of the Act - Cannot be looked into at this stage for grant of bail unless there is any glaring irregularity which will make the seizure itself illegal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 750 gms opium/afeem - Bail - Intermediate recovery - Does not attract bar of S.37 of NDPS Act - Recovery was from a fridge kept in the house which indicates that accused was using his premises for commission of offence - Cash recovery of Rs.2.52..........
Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 482 -- Offence under POCSO Act cannot be quashed on the basis of any compromise or matrimony between accused and prosecutrix...........
Indian Penal Code, 1860, Section 376, 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 482 -- Subsequent marriage of accused with prosecutrix would not dilute the offence under POCSO Act or under S.376 IPC - Petition for quashing dismissed...........
Indian Penal Code, 1860, Section 302, 392, 323, 148, 149 -- Murder, robbery, rioting, voluntarily causing hurt, unlawful assembly - From the deposition of eye witnesses, nothing forthcoming that appellants caused any injury on the deceased and/or participated in any manner in commission of the offence - No evidence that appellants instigated other co-accused - Conviction..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Factum of selling utensils at a lower price cannot by itself lead to conclusion that accused was aware of theft of those articles seized from him...........
