Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings under Act of 2005 - Suppression of previous litigations in quashing petition - Plea that relief claimed in quashing proceedings is different from the relief that has been claimed in the revision proceedings - Contention rejected, as..........
Prevention of Corruption Act, 1947, Section 5(1)(c), Indian Penal Code, 1860, Section 467, 471, 477A -- Abuse of official position with intention of availing pecuniary benefits - Accused misappropriated Government money by making false documents and by making false payment to labourers by forged LTI's - However, prosecution failed to establish that accused abused their..........
Electricity Act, 2003, Section 126, 127, 135 -- Unauthorised use of electricity - Civil suit for declaration - Maintainability - Declaration of demand notice in respect of electricity connection installed in premises of plaintiff as illegal, null and void - Plaintiff is involved in abstraction of electricity with dishonest intention without authorization - Therefore, order..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Landlord has not come to Court with clean hands and has on other hand withheld vital information personal to his knowledge, and position of owning many shops in string was ultimately admitted and truth revealed in oral testimony while facing cross-examination, then entire case of landlord..........
Criminal Procedure Code, 1973, Section 239, Indian Penal Code, 1860, Section 420 -- Discharge - Cheating - Accused allegedly misappropriated loan amount of Rs.20 lacs entrusted to him by complainant for establishing factory - However, there is no evidence to substantiate that said amount of loan entrusted to accused by complainant - Neither loan papers not amount of loan..........
Indian Penal Code, 1860, Section 395, 147 -- Dacoity - Allegation that accused took away herd of sheeps and goats of complainant - However, no evidence on record that accused took away said herd with dishonest intention or committed the offence of theft - Offence u/ss 395, 147 IPC not proved - Accused acquitted...........
Criminal Procedure Code, 1973, Section 219 -- Joint trial - When accused is charged with criminal breach of trust or dishonest appropriation of money or other immoveable property, it shall be sufficient to specify gross sum or describe moveable property in respect of which offence is alleged to have been committed, and dates between which offence is alleged to have been..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 409, 120B -- Quashing of complaint - Cheating - Civil dispute - Breach of contract - It cannot be said that at the time of entering into agreement, there was any intention on the part of appellant to cheat - No suspicion of any nature shown or alleged - No allegation that agreement was..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Essential requirement for order of attachment is mala fide intention and conduct of defendant in disposing of property with dishonest intention of defeating or delaying the decree that may be passed in the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - While deciding an application for amendment, ordinarily Court should not refuse bona fide, legitimate, honest and necessary amendments and should not permit mala fide and dishonest amendments, because purpose and object of O.6.R.17 CPC is to allow either party to alter or amend his pleadings in such..........
